Lizarraga

I. BACKGROUND/PRIOR PROCEEDINGS

On September 26, 2012, Walden was charged with murder (Count 1), vehicular manslaughter (Count 2), causing a vehicular accident resulting in death or permanent, serious injury to another person and failing to stop at the scene (Count 3), driving a motor vehicle with a suspended license (Counts 4, 6), and driving under the influence (“DUI”) (Count 5). As to Counts 1 and 2, the information charged Walden with enhancements for personally inflicting great bodily injury and fleeing the scene of a crime. As to Count 5, the information alleged that Walden had two prior DUI convictions in the last 10 years.

Patrick Covello is substituted for J. Lizarraga as Warden, Mule Creek State Prison. FED. R. CIV. P. 25(d). The charges stemmed from an incident where Walden, while driving fast through a residential neighborhood at night, struck G.W., H.L.-R., and G.W.’s four dogs and then fled without stopping. G.W. sustained serious injuries, and the four dogs were killed. H.L.-R.’s leg was severed, and he later died from his injuries. Walden was arrested three days after the

collision. The arresting officer concluded that Walden was under the influence…