(PC) Kidwell v. Sherman ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SEQUOYAH DESERTHAWK KIDWELL, 1:21-cv-00639-JLT-GSA-PC 12 Plaintiff, ORDER GRANTING REQUEST FOR NAME CHANGE 13 vs. (ECF No. 13.) 14 STU SHERMAN, et al., ORDER DIRECTING THE 15 Defendants. CLERK OF COURT TO CHANGE NAME OF PLAINTIFF TO 16 SEQUOYAH DESERTHAWK KIDWELL 17 18 19 20 21 22 This case proceeds as a civil rights action under 42 U.S.C. § 1983. The action was 23 initiated by civil complaint filed by Jason Harper (“Plaintiff”) proceeding pro se, in the 24 Sacramento County Superior Court on August 7, 2020 (Case #34-2020-00282948). On April 13, 25 2021, defendants S. Sherman, W. Elszy, T. Cisneros, J. Collins, T. Brasil, R. Milam, O. 26 Ronquillo, D. Perkins, T. Cooper, F. Florez, M. Davis, D. Martin, B. Maltman, P. Brightwell, 27 and J. Ghilarducci (“Defendants”) removed the case to federal court by filing a Notice of 28 Removal pursuant to 28 U.S.C. §§ 1441(a) and 1446. (ECF No. 1.) 1 On May 10, 2022, Plaintiff filed a request for a name change in this case. (ECF No. 13.) 2 Plaintiff provides evidence that he has legally changed his name to Sequoyah Deserthawk 3 Kidwell, (Exhibits, ECF No. 13), and informs the Court that his former name, Jason Harper, will 4 no longer be accepted by the institution where he is housed. 5 The Court takes judicial notice that Plaintiff’s legal name of Sequoyah Deserthawk 6 Kidwell, Inmate No. T67322 is reflected in CDCR’s Inmate Locator website. See 7 http://inmatelocator.cdcr.ca.gov. This Court may take judicial notice of facts that are capable of 8 accurate determination by sources whose accuracy cannot reasonably be questioned. Fed. R. 9 Evid. 201; see also City of Sausalito v. O'Neill, 386 F.3d 1186, 1224 n.2 (9th Cir. 2004) (“We 10 may take judicial notice of a record of a state agency not subject to reasonable dispute.”). 11 Plaintiff’s request is granted, and the Clerk of Court shall be directed to use Plaintiff’s 12 name “Sequoyah Deserthawk Kidwell” as his name of record for this case. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. Plaintiff’s request for a name change in this case, filed on May 10, 2022, is 15 granted; 16 2. The Clerk of Court is directed to change Plaintiff’s name of record for this case 17 from Jason Scott Harper to “Sequoyah Deserthawk Kidwell;” and 18 3. All future filings shall refer to Plaintiff as “Sequoyah Deserthawk Kidwell.” 19 IT IS SO ORDERED. 20 21 Dated: September 10, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28