(HC) Gray v. Asuncion ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS EUGENE GRAY, ) Case No.: 1:21-cv-00595-DAD-JLT (HC) ) 12 Petitioner, ) ORDER CONSTRUING MOTION TO DISMISS IN ) PART AS MOTION TO AMEND TO NAME 13 v. ) PROPER RESPONDENT ) 14 DEBBIE ASUNCION, Warden, ) ORDER GRANTING MOTION TO AMEND AND 15 Respondent. ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT 16 ) 17 On July 6, 2021, Respondent filed a motion to dismiss, in which Respondent notes that Raybon 18 Johnson is the warden of California State Prison – Los Angeles where Petitioner is incarcerated and 19 requests the Court substitute Raybon Johnson as the Respondent. (Doc. 13 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 Raybon Johnson is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz- 22 Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 23 359, 360 (9th Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to 24 Raybon Johnson, Warden. 25 26 IT IS SO ORDERED. 27 Dated: August 12, 2021 _ /s/ Jennifer L. Thurston 28 CHIEF UNITED STATES MAGISTRATE JUDGE