Opinion
1:08-CV-00286 LJO GSA HC.
May 14, 2008
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On April 22, 2008, this Court issued a Findings and Recommendation that recommended the petition be dismissed for Petitioner's failure to name a proper respondent. Petitioner was granted thirty (30) days to file objections to the Findings and Recommendation.
On May 1, 2008, Petitioner filed a motion to amend the petition and name D.K. Sisto, Warden of Solano State Prison, as Respondent in this matter.
Accordingly, good cause having been presented and good cause appearing therefor, IT IS HEREBY ORDERED:
1) Petitioner's motion to amend the petition and name D. K. Sisto as Respondent is GRANTED;
2) The Findings and Recommendation of April 22, 2008, is VACATED; and
3) The Clerk of Court is DIRECTED to substitute D.K. Sisto as Respondent in this matter.
IT IS SO ORDERED.