(HC) Lopez v. Godwin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JORGE MEJIA LOPEZ, Case No. 1:22-cv-00735-SKO-HC 12 Petitioner, ORDER GRANTING MOTION TO AMEND TO NAME A PROPER RESPONDENT AND 13 v. DIRECTING CLERK OF COURT TO SUBSTITUTE ROD GODWIN AS ROD GODWIN, Warden, RESPONDENT 15 Respondent. [Doc. 7] 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 16, 2022, Petitioner filed a federal petition for writ of habeas corpus. He did not name a respondent. On June 21, 2022, the Court advised Petitioner that he had failed to name a respondent and granted him leave to amend the respondent in order to avoid dismissal of the action. (Doc. 3.)

22 On July 7, 2022, Petitioner filed a motion to amend the petition. (Doc. 5.) Petitioner again did not name a proper respondent, and the Court granted him a second opportunity to amend the petition. (Doc. 6.) On August 3, 2022, Petitioner filed a motion to amend the petition. (Doc. 7.)

25 Petitioner requests that the Court substitute Rod Godwin, Warden of Pleasant Valley State Prison, as respondent. The warden of a prisoner’s institution of incarceration is a proper respondent, and thus Petitioner has named a proper respondent in this matter. Rule 2 (a) of the Rules Governing Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994).

2 ORDER 3 Based on the foregoing, Petitioner’s motion to amend the petition is GRANTED, and the Clerk of Court is DIRECTED to substitute Rod Godwin as Respondent.

IT IS SO ORDERED.

7 Dated: August 4, 2022 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE