(HC) Martin v. Pogue ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARED ANDREW MARTIN, Case No. 1:21-cv-01622-DAD-SAB-HC 12 Petitioner, ORDER DENYING IN PART AND GRANTING IN PART PETITIONER’S 13 v. MOTION TO APPOINT COUNSEL AND AMEND NAME OF CASE, DENYING 14 CHRISTIAN PFEIFFER, MOTION TO ISSUE SUBPOENA WITHOUT PREJUDICE, AND DENYING 15 Respondent. MOTION TO AMEND AS MOOT 16 ORDER DIRECTING CLERK OF COURT TO SUBSTITUTE RESPONDENT 17 (ECF Nos. 29, 30, 31) 18 19 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 20 U.S.C. § 2254. 21 A. Motion to Appoint Counsel and Amend Name of Case (ECF No. 29) 22 In the motion to appoint counsel and to amend name of case, Petitioner moves for 23 appointment of counsel in what appears to be a separate civil action against Gavin Newsom and 24 requests the Court “to amend current petition to Jared Andrew Martin v. Tyson J. Pogue.” (ECF 25 No. 29). 26 Petitioner’s request for appointment of counsel in his separate civil action against Gavin 27 Newson will be denied because it is not a part of the instant habeas proceeding. A petitioner seeking habeas corpus relief under 28 U.S.C. § 2254 must name the state officer having custody 1 of him as the respondent to the petition. Rule 2(a), Rules Governing Section 2254 Cases; Ortiz- 2 Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 3 F.3d 359, 360 (9th Cir. 1994). Here, Petitioner has been transferred and is currently in the 4 “custody of Madera County Sheriff Tyson J. Pogue.” (ECF No. 32). Accordingly, the Court will 5 grant Petitioner’s motion to amend to name the proper respondent. 6 B. Motion to Issue Subpoena (ECF No. 30) 7 In the motion to issue subpoena, Petitioner alleges that the Madera County Jail has 8 illegally seized his legal papers and court documents and refused to return them. Petitioner 9 alleges that certain officers have done this to have Petitioner’s lawsuits closed or dismissed. 10 Petitioner requests a court order requiring Madera County Sheriff and Madera County Jail to 11 return Petitioner’s legal and personal property so that Petitioner may continue litigation of these 12 matters. (ECF No. 30). 13 The Court notes that it recently issued findings and recommendations to deny 14 Respondent’s motion to dismiss and motion for more definite statement, (ECF No. 28), and 15 Petitioner notified the Court of his intent to proceed with the second amended petition, (ECF No. 16 32), which the Court will preliminarily review in due course. In the motion, Petitioner provides 17 no specific allegations regarding what legal papers and court documents have been seized and 18 why they are necessary for Petitioner to litigate his habeas petition. Accordingly, the Court will 19 deny Petitioner’s request to order the return of his legal and personal property without prejudice. 20 C. Motion to Amend (ECF No. 31) 21 Petitioner filed a second motion requesting that this action “be amended to Jared Andrew 22 Martin v. Tyson J. Pogue.” (ECF No. 31). As this motion is duplicative, the Court will deny it as 23 moot. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. Petitioner’s motion to appoint counsel and to amend name of case (ECF No. 29) is 26 DENIED IN PART and GRANTED IN PART; 27 2. The Clerk of Court is DIRECTED to SUBSTITUTE Tyson J. Pogue as Respondent in 1 3. Petitioner’s motion to issue subpoena (ECF No. 30) is DENIED WITHOUT 2 PREJUDICE; and 3 4. Petitioner’s motion to amend (ECF No. 31) is DENIED as moot. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ May 13, 2022 , UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28