(HC) Torres v. Ciolli

E.D. California

(HC) Torres v. Ciolli

DecidedApril 6, 2020

Docket1:20-cv-00310

StatusUnknown

This text of (HC) Torres v. Ciolli ((HC) Torres v. Ciolli) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JAIME J. TORRES, ) Case No.: 1:20-cv-00310-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) CHANGE NAME OF RESPONDENT 13 v. ) ) 14 ON HABEAS CORPUS, ) 15 Respondent. ) ) 16 )

17 In the Court’s order dismissing petition with leave to file a first amended petition, the Court 18 noted that the Petitioner failed to name a respondent. (Doc. 4 at 2.) Petitioner filed a first amended 19 petition on March 20, 2020, in which he names Warden Ciolli. (Doc. 6 at 1.) Because it appears 20 Warden Ciolli is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. 21 Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th 22 Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Warden Ciolli. 23 24 IT IS SO ORDERED.

25 Dated: April 6, 2020 /s/ Jennifer L. Thurston 26 UNITED STATES MAGISTRATE JUDGE

27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JAIME J. TORRES, ) Case No.: 1:20-cv-00310-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) CHANGE NAME OF RESPONDENT 13 v. ) ) 14 ON HABEAS CORPUS, ) 15 Respondent. ) ) 16 )

17 In the Court’s order dismissing petition with leave to file a first amended petition, the Court 18 noted that the Petitioner failed to name a respondent. (Doc. 4 at 2.) Petitioner filed a first amended 19 petition on March 20, 2020, in which he names Warden Ciolli. (Doc. 6 at 1.) Because it appears 20 Warden Ciolli is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. 21 Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th 22 Cir. 1994)), the Clerk of Court is DIRECTED to change the name of the Respondent to Warden Ciolli. 23 24 IT IS SO ORDERED.

25 Dated: April 6, 2020 /s/ Jennifer L. Thurston 26 UNITED STATES MAGISTRATE JUDGE

27 28

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