(HC) Slaven v. Covello

Opinion

LEONARD A. SLAVEN, ) Case No.: 1:20-cv-00606-AWI-JLT (HC) ) Petitioner, ) ORDER CONSTRUING OBJECTIONS IN PART ) AS MOTION TO AMEND TO NAME PROPER v. ) RESPONDENT ) ) ORDER GRANTING MOTION TO AMEND AND CALIFORNIA, Respondent. ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT )

In the findings and recommendation, the Court noted that the Petitioner failed to name the proper respondent. (Doc. 7 at 2.) In his objections to the findings and recommendation, Petitioner states that he mistakenly named the wrong respondent and names C. Pfeiffer, who is the Warden at Kern Valley State Prison. (Doc. 8 at 1.) The Court will construe this as a motion to amend to name the proper respondent and grant the motion. Because it appears Warden C. Pfeiffer 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 C. Pfeiffer, Warden.

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