Opinion
No. 2:12-cv-1470 CKD P
11-06-2012
THOMAS T. ALFORD, Plaintiff, v. GERALD C. BENITO, Defendant.
ORDER
On October 29, 2012, plaintiff filed a motion to amend the complaint. (Dkt. No. 15.) Earlier, the court determined that service was appropriate for Shasta County District Attorney Gerald C. Benito, not because of any alleged actions by Benito personally, but because this defendant would have custody of relevant DNA evidence. (Dkt. No. 4 at 5.) On October 2, 2012, the summons for defendant Benito was returned unexecuted, noting that Benito was no longer the District Attorney of Shasta County. (Dkt. No. 13.)
From plaintiff's motion to amend and accompanying letter (Dkt. No. 16), it does not appear that plaintiff seeks to amend the substance of the complaint. Rather, he seeks to substitute as defendant the current District Attorney of Shasta County, whom he identifies as Stephen S. Carlton. As this substitution is appropriate given the nature of plaintiff's complaint, the court will order this substitution. Plaintiff may submit service documents as to this new defendant on the forms provided to him by the Clerk of Court. (See Dkt. No. 14.)
Accordingly, IT IS HEREBY ORDERED THAT:
1. Plaintiff's October 29, 2012 motion to amend the complaint (Dkt. No. 15) is granted to the following extent: The Clerk of Court shall substitute Stephen S. Carlton, District Attorney of Shasta County, as the defendant in the docket of this action.
______________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE