(HC) Howell v. Black ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE E. HOWELL, ) Case No.: 1:20-cv-00731-NONE-JLT (HC) ) 12 Petitioner, ) ORDER CONSTRUING MOTION TO DISMISS IN ) PART AS MOTION TO AMEND TO NAME 13 v. ) PROPER RESPONDENT ) 14 ADMINISTRATOR OF ATASCADERO ) ORDER GRANTING MOTION TO AMEND AND STATE MENTAL HOSPITAL, 15 ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT 16 Respondent. ) 17 On December 18, 2020, Respondent filed a motion to dismiss, in which Respondent notes that 18 the current Executive Director of Atascadero State Hospital is Jason Black and requesting that this 19 Court substitute Jason Black as the Respondent in this matter. (Doc. 23 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 Jason Black is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval 22 v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 23 (9th Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Jason 24 Black. 25 26 IT IS SO ORDERED. 27 Dated: February 9, 2021 /s/ Jennifer L. Thurston 28 UNITED STATES MAGISTRATE JUDGE