(HC) Gianakos v. United States

Opinion

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MICHAEL SEAN GIANAKOS, Case No. 1:21-cv-01056-NONE-SKO-HC

12 Petitioner, ORDER GRANTING MOTION TO AMEND RESPONDENT 13 v. [Doc. No. 6]

14 WARDEN WHITE, ORDER SUBSTITUTING WARDEN WHITE AS RESPONDENT IN THIS 15 Respondent. MATTER

16 17 On July 6, 2021, Petitioner filed a federal petition for writ of habeas corpus. He named the 18 United States of America as Respondent in this matter. 19 On July 15, 2021, Petitioner filed a motion to amend the petition to name Warden White 20 as Respondent in this matter. Warden White is the proper respondent as he is the warden at the 21 petitioner’s institution and has “day-to-day control over” the petitioner. Brittingham v. United 22 States, 982 F.2d 378, 379 (9th Cir. 1992). 23 Accordingly, Petitioner’s motion to amend the respondent is GRANTED. Warden White 24 is hereby SUBSTITUTED as Respondent in this matter. 25 IT IS SO ORDERED. 26

27 Dated: July 16, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE