(HC) Smith v. Unknown ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN ANDREW SMITH, No. 1:23-cv-00480-ADA-HBK (HC) 12 Petitioner, ORDER GRANTING MOTION TO AMEND AND NAME PROPER RESPONDENT 13 v. (Doc. No. 13) 14 TRENT ALLEN, Warden, ORDER SUBSTITUTING TRENT ALLEN, 15 Respondent. WARDEN AS RESPONDENT 16 17 On March 21, 2023, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 18 2254. (Doc. No. 1). The Court advised Petitioner that the petition failed to name a proper 19 respondent and granted Petitioner leave to file a motion to amend to name a proper respondent. 20 (Doc. No. 10). On May 4, 2023, Petitioner filed an unsigned motion to amend to name a proper 21 respondent, and on May 9, 2023 he was given leave to file to file a signed motion to amend to 22 name a proper respondent in order to avoid dismissal of the action. (Doc. Nos. 11, 12). Petitioner 23 now moves to amend the Petition to name Trent Allen, Warden, as the Respondent in this matter. 24 (Doc. No. 13). A warden has “day-to-day control over” a petitioner and is a proper respondent in 25 a habeas action. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992). 26 //// 27 //// 28 //// 1 Accordingly, it is ORDERED: 2 Petitioner’s Motion to Amend the Petition (Doc. No. 13) is GRANTED. Trent Allen, 3 | Warden, is hereby SUBSTITUTED as Respondent in this matter. 4 > | Dated: _ May 30, 2023 Mile. □□□ foareA Zacks 6 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28