(HC) Gray v. Asuncion

Opinion

THOMAS EUGENE GRAY, ) Case No.: 1:21-cv-00595-DAD-JLT (HC) ) Petitioner, ) ORDER CONSTRUING MOTION TO DISMISS IN ) PART AS MOTION TO AMEND TO NAME v. ) PROPER RESPONDENT ) DEBBIE ASUNCION, Warden, ) ORDER GRANTING MOTION TO AMEND AND

Respondent. ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT )

On July 6, 2021, Respondent filed a motion to dismiss, in which Respondent notes that Raybon Johnson is the warden of California State Prison – Los Angeles where Petitioner is incarcerated and requests the Court substitute Raybon Johnson as the Respondent. (Doc. 13 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 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.

Dated: August 12, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE