Lewis v. Hartley

Full title: ZERON LEWIS, Petitioner, v. J. D. HARTLEY, Warden, Respondent

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

Date published: Feb 29, 2008

1:08-CV-00189 AWI GSA HC (E.D. Cal. Feb. 29, 2008)

Opinion

1:08-CV-00189 AWI GSA HC.

February 29, 2008

ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION AND CHANGE NAME OF RESPONDENT [Doc. #5] ORDER DIRECTING CLERK OF COURT TO CHANGE NAME OF RESPONDENT

GARY AUSTIN, Magistrate Judge

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On February 14, 2008, the Court granted Petitioner leave to file a motion to amend the petition to name a proper respondent. On February 28, 2008, Petitioner filed a motion to amend the petition. Petitioner requests that J.D. Hartley, Warden of Avenal State Prison, be named as Respondent in this matter.

A petitioner seeking habeas relief must name the state 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 is GRANTED. The Clerk of Court is DIRECTED to change the name of Respondent to J.D. Hartley.

IT IS SO ORDERED.