Chambers v. Hartley

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 7/10/2013 GRANTING plaintiff's 15 motion to correct the record; and Brenda M. Cash, Warden, is SUBSTITUTED as respondent. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEINYATEY CHAMBERS, 12 Petitioner, 13 v. No. 2:12-cv-2855 TLN AC P ORDER 14 BRENDA M. CASH, Warden, 15 Respondent. 16 Plaintiff has filed a “Motion to Correct the Record,” advising the court that he has been 17 18 transferred to Avenal State Prison and seeking to name C. Wofford, Warden, as the new real- 19 party-in-interest. According to records maintained by the State of California, of which the 20 undersigned takes judicial notice, petitioner has since been transferred again to the California 21 Institution for Men at Chino. The court accordingly construes petitioner’s motion as one to name 22 his present warden as the respondent, and so construed, grants the motion. Fed. R. Civ. Proc. 23 25(d). 24 Accordingly, IT IS HEREBY ORDERED THAT 25 1. Plaintiff’s motion to correct the record (ECF No. 15) is granted; and 26 //// 27 //// 28 //// 1 1 2 2. Brenda M. Cash, Warden, is substituted as respondent. DATED: July 10, 2013 3 4 ___________________________________ ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 AC:rb/cham2855.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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