Opinion
24-cv-02253-WHO (PR)
08-07-2024
JOEL GARCIA-LOPEZ, Petitioner, v. ROBERTO A. ARIAS, Respondent.
ORDER EXTENDING TIME; INSTRUCTIONS TO CLERK Dkt. No. 10
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
Respondent's motion to extend time to file an answer or a dispositive motion is GRANTED. (Dkt. No. 10.) The answer or dispositive motion shall be filed on or before October 4, 2024. If it is an answer, petitioner Garcia-Lopez's traverse shall be filed within 30 days after the answer is filed. If it is a dispositive motion, Garcia-Lopez's opposition shall be filed within 30 days after the motion is filed and respondent's reply shall be filed within 15 days after the opposition is filed.
The Clerk shall amend the docket to reflect that Roberto A. Arias, the warden of the prison in which petitioner is housed, is the sole respondent in this action. Arias is the sole proper respondent here, as he is the custodian having day-to-day control over petitioner, the only person who can produce “the body” of the petitioner. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992) (quoting Guerra v. Meese, 786 F.2d 414, 416 (D.C. Cir. 1986)).
The Clerk shall terminate all pending motions.
IT IS SO ORDERED.