McKnight v. Hornbeak

Full title: MIANTA McKNIGHT, Petitioner, v. TINA HORNBEAK, Warden of Valley State…

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

Date published: Jul 9, 2010

1:09-cv-1315-SKO-HC (E.D. Cal. Jul. 9, 2010)

Opinion

1:09-cv-1315-SKO-HC.

July 9, 2010

ORDER GRANTING PETITIONER'S MOTION TO AMEND THE PETITION TO CHANGE THE NAME OF RESPONDENT (Doc. 9)

SHEILA OBERTO, Magistrate Judge

ORDER DIRECTING THE CLERK TO CHANGE THE NAME OF THE RESPONDENT

Petitioner is a state prisoner who is confined in Chowchilla and is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303. Pending before the Court is Petitioner's motion to amend the petition to name a proper respondent, filed on June 17, 2010, in response to the Court's order of May 25, 2010, granting Petitioner leave to file the motion.

Petitioner requests that Tina Hornbeak, Warden of Valley State Prison for Women, be named as Respondent in this matter.

A petitioner seeking habeas relief must name the state officer having custody of him or her 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 Tina Hornbeak, Warden of Valley State Prison for Women, as Respondent in this matter is GRANTED.

The Clerk of Court is DIRECTED to change the name of Respondent to Tina Hornbeak.

IT IS SO ORDERED.