Opinion
1:22-cv-01371-HBK
01-06-2023
STEVEN SENSABAUGH, Petitioner, v. CAMPBELL, Warden, Respondent.
ORDER GRANTING MOTION TO AMEND AND NAME PROPER RESPONDENT
(Doc. No. 5)
ORDER SUBSTITUTING WARDEN CAMPBELL AS RESPONDENT
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
On October 25, 2022, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). The Court advised Petitioner that the petition failed to name a proper respondent and granted Petitioner leave to file a motion to amend to name a proper respondent. (Doc. No. 5). Petitioner moves to amend the Petition to name Warden Campbell as Respondent in this matter. (Doc. No. 6). A warden has “day-to-day control over” a petitioner and is a proper respondent in a habeas action. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992).
Accordingly, it is ORDERED:
Petitioner's Motion to Amend the Petition (Doc. No. 6) is GRANTED. Warden Campbell hereby SUBSTITUTED as Respondent in this matter.