Whitmer v. Yates

Full title: DALE CALVIN WHITMER, Petitioner, v. JAMES A. YATES, Warden, Respondent

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

Date published: Jan 28, 2008

1:07-CV-01769 OWW GSA HC (E.D. Cal. Jan. 28, 2008)

Opinion

1:07-CV-01769 OWW GSA HC.

January 28, 2008

ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION AND CHANGE NAME OF RESPONDENT [Doc. #9] 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 December 17, 2007, Petitioner filed a motion to amend the petition. Petitioner requests that James A. Yates, Warden of Pleasant Valley 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 to name James A. Yates as Respondent in this matter is GRANTED. The Clerk of Court is DIRECTED to change the name of Respondent to James A. Yates.

IT IS SO ORDERED.