(HC) Cloud v. Warden of CSP/Los Angeles County

Opinion

JOEL JAMES CLOUD, ) Case No.: 1:20-cv-00904-JLT (HC) ) Petitioner, ) ORDER CONSTRUING ANSWER TO PETITION ) IN PART AS MOTION TO AMEND TO NAME v. ) PROPER RESPONDENT ) WARDEN OF CSP/LOS ANGELES ) ORDER GRANTING MOTION TO AMEND AND COUNTY, ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT Respondent. ) ) ORDER DENYING PETITIONER’S MOTION TO ) AMEND AS MOOT (Doc. 27) )

On September 21, 2020, Respondent filed an answer in which Respondent notes that the correct respondent in this case is Raybon Johnson, Warden, who has custody of Petitioner at the California State Prison, Los Angeles County. (Doc. 24 at 1, n.1.) The Court will construe this as a motion to amend to name the proper respondent and grant the motion. Because it appears Raybon Johnson, Warden is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Raybon Johnson, Warden. Petitioner subsequently filed a motion to amend, stating that he has moved to another institution and seeking to name the new warden to serve as a respondent. (Doc. 27.) Because the Court is directing the Clerk to update the name of the respondent, Petitioner’s motion to amend is MOOT.

Dated: November 1, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE