Cates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARK ERWIN GARNER, ) Case No.: 1:20-cv-01403-NONE-JLT (HC) ) Petitioner, ) ORDER CONSTRUING MOTION FOR ) EXTENSION OF TIME IN PART AS MOTION TO v. ) AMEND TO NAME PROPER RESPONDENT ) W. J. SULLIVAN, Warden, ) ORDER GRANTING MOTION TO AMEND AND

Respondent. ) DIRECTING CLERK OF COURT TO CHANGE ) NAME OF RESPONDENT )

On November 23, 2020, Respondent filed a motion for extension of time to file a response, in which Respondent notes that the proper respondent in this action is Brian Cates, the Acting Warden of California Correctional Institution, where Petitioner is currently held. (Doc. 9 at 1, n.1.) The Court will construe this as a motion to amend to name the proper respondent and grant the motion. Because it appears Brian Cates, Acting Warden, is a proper party (Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California…