(HC) Cloud v. Warden of CSP/Los Angeles County ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOEL JAMES CLOUD, ) Case No.: 1:20-cv-00904-JLT (HC) ) 12 Petitioner, ) ORDER CONSTRUING ANSWER TO PETITION ) IN PART AS MOTION TO AMEND TO NAME 13 v. ) PROPER RESPONDENT ) 14 WARDEN OF CSP/LOS ANGELES ) ORDER GRANTING MOTION TO AMEND AND COUNTY, 15 ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT 16 Respondent. ) ) ORDER DENYING PETITIONER’S MOTION TO 17 ) AMEND AS MOOT (Doc. 27) ) 18 19 On September 21, 2020, Respondent filed an answer in which Respondent notes that the 20 correct respondent in this case is Raybon Johnson, Warden, who has custody of Petitioner at the 21 California State Prison, Los Angeles County. (Doc. 24 at 1, n.1.) The Court will construe this as a 22 motion to amend to name the proper respondent and grant the motion. Because it appears Raybon 23 Johnson, Warden is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. 24 Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th 25 Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Raybon 26 Johnson, Warden. 27 Petitioner subsequently filed a motion to amend, stating that he has moved to another 28 institution and seeking to name the new warden to serve as a respondent. (Doc. 27.) Because the Court 1 is directing the Clerk to update the name of the respondent, Petitioner’s motion to amend is MOOT. 2 3 IT IS SO ORDERED. 4 Dated: November 1, 2020 /s/ Jennifer L. Thurston 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28