Garcia-Lopez v. Arias
Garcia-Lopez v. Arias
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JOEL GARCIA-LOPEZ, Case No. 24-cv-02253-WHO (PR) 5 Petitioner, v. ORDER EXTENDING TIME;
, ROBERTO A. ARIAS, INSTRUCTIONS TO CLERK Dkt. No. 10 g Respondent. 9 10 Respondent’s motion to extend time to file an answer or a dispositive motion is 11 || GRANTED. (Dkt. No. 10.) The answer or dispositive motion shall be filed on or before 2 October 4, 2024. If it is an answer, petitioner Garcia-Lopez’s traverse shall be filed 5 13 || within 30 days after the answer is filed. If it is a dispositive motion, Garcia-Lopez’s 14 || opposition shall be filed within 30 days after the motion is filed and respondent’s reply 15 || shall be filed within 15 days after the opposition is filed. a 16 The Clerk shall amend the docket to reflect that Roberto A. Arias, the warden of the 17 || prison in which petitioner is housed, is the sole respondent in this action. Arias is the sole 18 || proper respondent here, as he is the custodian having day-to-day control over petitioner, 19 || the only person who can produce “the body” of the petitioner. Brittingham v. United 20 || States,
982 F.2d 378, 379(9th Cir. 1992) (quoting Guerra v. Meese,
786 F.2d 414, 416 21 || (D.C. Cir. 1986)). 22 The Clerk shall terminate all pending motions. 23 IT IS SO ORDERED. 24 || Dated: August 7, 2024 ( . 25 LIAM H. ORRICK 26 United States District Judge 27 28
Reference
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