(HC) Dynes v. Fresno County Superior Court

District Court, E.D. California·Decided February 25, 2020·No. 1:19-cv-01697·Unknown

Opinion

JOHN RAY DYNES, ) Case No.: 1:19-cv-01697-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) CHANGE NAME OF RESPONDENT v. ) ) ) Respondent. ) ) )

In the Court’s order dismissing petition with leave to file a first amended petition, the Court noted that the Petitioner failed to name the proper respondent. (Doc. 5 at 2.) Petitioner filed a first amended petition on February 18, 2019, in which he names Ken Clark, who is the Warden at the California State Prison-Corcoran. (Doc. 6 at 1.) Because Warden Clark 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 Ken Clark, Warden.

Dated: February 25, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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(HC) Dynes v. Fresno County Superior Court, (E.D. Cal. 2020).

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Related

Jerry F. Stanley v. California Supreme Court
21 F.3d 359 (Ninth Circuit, 1994)
Ortiz-Sandoval v. Gomez
81 F.3d 891 (Ninth Circuit, 1996)