(HC) Slaven v. Covello ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD A. SLAVEN, ) Case No.: 1:20-cv-00606-AWI-JLT (HC) ) 12 Petitioner, ) ORDER CONSTRUING MOTION TO DISMISS IN ) PART AS MOTION TO AMEND TO NAME 13 v. ) PROPER RESPONDENT ) 14 C. PFEIFFER, Warden, ) ORDER GRANTING MOTION TO AMEND AND 15 Respondent. ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT 16 ) 17 On April 2, 2021, Respondent filed a motion to dismiss, in which Respondent notes that 18 Patrick Covello is the warden at Mule Creek State Prison where Petitioner is incarcerated and requests 19 the Court substitute Patrick Covello as the Respondent. (Doc. 25 at 1, n.1.) The Court will construe 20 this as a motion to amend to name the proper respondent and grant the motion. Because it appears 21 Patrick Covello is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. 22 Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th 23 Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Patrick 24 Covello, Warden. 25 26 IT IS SO ORDERED. 27 Dated: April 25, 2021 _ /s/ Jennifer L. Thurston 28 CHIEF UNITED STATES MAGISTRATE JUDGE