Bagha v. Benov

Full title: VICTOR BAGHA, Petitioner, v. WARDEN BENOV, Respondent

Court: United States District Court, E.D. California

Date published: Aug 3, 2010

1:10-CV-01047 OWW SMS HC (E.D. Cal. Aug. 3, 2010)

Opinion

1:10-CV-01047 OWW SMS HC.

August 3, 2010

ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION AND CHANGE NAME OF RESPONDENT [Doc. #10] ORDER DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT

SANDRA SNYDER, Magistrate Judge

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

On July 13, 2010, the Court granted Petitioner leave to file a motion to amend the petition to name a proper respondent. On July 19, 2010, Petitioner filed a motion to amend the petition. Petitioner requests that Warden Benov of Taft Correctional Institution be named as Respondent in this matter.

A petitioner seeking habeas relief must name the officer having custody of him as the respondent to the petition. Rule 2(a) of the Rules Governing Section 2254 Cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9^th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9^th Cir. 1994). Normally, the person having custody of the prisoner is the warden of the prison because the warden has "day to day control over" the prisoner.Brittingham v. United States, 982. F.2d 378, 279 (9^th Cir. 1992). Therefore, Petitioner's request is proper.

Accordingly, Petitioner's motion for leave to amend the petition to name Warden Benov as Respondent in this matter is GRANTED. The Clerk of Court is DIRECTED to change the name of Respondent to Warden Benov.

IT IS SO ORDERED.