- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO E. HERRERA, ) Case No.: 1:19-cv-1150 JLT HBK (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) CHANGE NAME OF RESPONDENT 13 v. ) ) 14 GISELLE MATTESON, ) ) 15 Respondent. ) ) 16 17 In the motion to dismiss, Respondent reported Armando Herrera “is incarcerated at California 18 State Prison Solano, where Giselle Matteson is the Warden.” (Doc. 24 at 1, n.1.) Therefore, 19 “Respondent requests that this Court substitute Giselle Matteson as Respondent in this matter.” (Id., 20 citing Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992).) Herrera did not oppose this 21 request and amended the caption in his response to the motion to dismiss to name Matteson as the 22 Respondent. (See Doc. 27 at 1.) 23 Based upon the records of the CDCR, Herrera remains incarcerated at CSP- Solano.1 Thus, 24 Warden Matteson is the proper Respondent. See Rule 2(a) of the Rules Governing § 2254 Cases; 25 26 1 The Court may take judicial notice of facts that are capable of accurate and ready determination y resort to sources whose 27 accuracy cannot reasonably be questioned, including undisputed information posted on official websites. Fed. R. Evid. 201(b); United States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1998); Daniels-Hall v. Nat’l Educ. Assoc., 629 F.3d 992, 28 999 (9th Cir. 2010). Accordingly, judicial notice is taken of the location of Herrera’s incarceration as confirmed in the 1 || Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 2 || F.3d 359, 360 (9th Cir. 1994)). Accordingly, the Clerk of Court is DIRECTED to change the name | 3 || the Respondent to Giselle Matteson, Warden. 4 5 IT IS SO ORDERED. 6 ll Dated: _March 11, 2022 Charis [Tourn 7 TED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 1:19-cv-01150
Filed Date: 3/14/2022
Precedential Status: Precedential
Modified Date: 6/20/2024