(HC)Garza v. Phillips

Opinion

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

11 ANGEL M. GARZA, Case No. 1:23-cv-01723-SKO-HC

12 Petitioner, ORDER GRANTING MOTION TO AMEND TO NAME A PROPER RESPONDENT 13 v. [Doc. 7]

14 BRYAN PHILLIPS, Warden, ORDER SUBSTITUTING BRYAN PHILLIPS AS RESPONDENT IN THIS 15 Respondent. MATTER

16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. On December 15, 2023, Petitioner filed his federal petition for 19 writ of habeas corpus. He named the People of the State of California as Respondent in this 20 matter. On December 19, 2023, the Court advised Petitioner that he had failed to name a proper 21 respondent. Petitioner was granted leave to file a motion to amend to name a proper respondent. 22 On December 19, 2023, Petitioner filed a motion to amend the petition to name Bryan 23 Phillips as Respondent in this matter. Petitioner has named the proper respondent since Bryan 24 Phillips is the warden at his institution and he has “day-to-day control over” the petitioner. 25 Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992). 26 /// 27 /// 1 ORDER 2 Accordingly, Petitioner’s motion to amend and name a proper respondent is GRANTED. 3 Bryan Phillips, Warden, is hereby SUBSTITUTED as Respondent in this matter. 4 IT IS SO ORDERED. 5

6 Dated: January 2, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 7

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