(HC)Garza v. Phillips

District Court, E.D. California·Decided March 5, 2024·No. 1:23-cv-01723·Unknown

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-JLT-SKO-HC

12 Petitioner, ORDER GRANTING PETITIONER’S MOTION TO AMEND RESPONDENT 13 v. [Doc. 20] 14 TAMMY CAMPBELL, Warden, 15 Respondent.

16 17 On March 4, 2024, Petitioner filed the instant motion to amend Respondent. Petitioner 18 states he has been transferred from Corcoran SATF to Corcoran State Prison. The warden at 19 Corcoran State Prison is Tammy Campbell. The warden of the prison in which the petitioner is 20 incarcerated is the proper respondent because the warden has "day-to-day control over" the 21 petitioner. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992). Good cause having 22 been presented, Petitioner’s motion to amend Respondent to Tammy Campbell is GRANTED. 23 IT IS SO ORDERED. 24

25 Dated: March 5, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 26

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Related

Mark Brittingham v. United States
982 F.2d 378 (Ninth Circuit, 1992)