(HC) Contreras v. People of the State of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODOLFO A. CONTRERAS, ) Case No.: 1:19-cv-01785-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) CHANGE NAME OF RESPONDENT 13 v. ) ) 14 PEOPLE OF THE STATE OF CALIFORNIA, ) 15 Respondent. ) ) 16 ) 17 In the Court’s order dismissing petition with leave to file a first amended petition, the Court 18 noted that the Petitioner failed to name the proper respondent. (Doc. 6 at 2.) Petitioner filed a first 19 amended petition on February 14, 2020, in which he names J.W. Sullivan, who is the acting Warden at 20 the California Correctional Institution in Tehachipi, California. (Doc. 7 at 1.) Because Warden 21 Sullivan is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. Gomez, 22 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 23 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to J.W. Sullivan, 24 Warden. 25 26 IT IS SO ORDERED. 27 Dated: February 27, 2020 /s/ Jennifer L. Thurston 28 UNITED STATES MAGISTRATE JUDGE