(HC) Garner v. Cates ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK ERWIN GARNER, ) Case No.: 1:20-cv-01403-NONE-JLT (HC) ) 12 Petitioner, ) ORDER CONSTRUING MOTION FOR ) EXTENSION OF TIME IN PART AS MOTION TO 13 v. ) AMEND TO NAME PROPER RESPONDENT ) 14 W. J. SULLIVAN, Warden, ) ORDER GRANTING MOTION TO AMEND AND 15 Respondent. ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT 16 ) 17 On November 23, 2020, Respondent filed a motion for extension of time to file a response, in 18 which Respondent notes that the proper respondent in this action is Brian Cates, the Acting Warden of 19 California Correctional Institution, where Petitioner is currently held. (Doc. 9 at 1, n.1.) The Court will 20 construe this as a motion to amend to name the proper respondent and grant the motion. Because it 21 appears Brian Cates, Acting Warden, is a proper party (Rule 2(a) of the Rules Governing § 2254 22 Cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme 23 Court, 21 F.3d 359, 360 (9th Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the 24 Respondent to Brian Cates, Acting Warden. 25 26 IT IS SO ORDERED. 27 Dated: November 24, 2020 /s/ Jennifer L. Thurston 28 UNITED STATES MAGISTRATE JUDGE