Matteson
(HC) Herrera v. Matteson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
ARMANDO E. HERRERA, ) Case No.: 1:19-cv-1150 JLT HBK (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) CHANGE NAME OF RESPONDENT v. ) ) GISELLE MATTESON, ) ) Respondent. ) )
In the motion to dismiss, Respondent reported Armando Herrera “is incarcerated at California State Prison Solano, where Giselle Matteson is the Warden.” (Doc. 24 at 1, n.1.) Therefore, “Respondent requests that this Court substitute Giselle Matteson as Respondent in this matter.” (Id., citing Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992).) Herrera did not oppose this request and amended the caption in his response to the motion to dismiss to name Matteson as the Respondent. (See Doc. 27 at 1.) Based upon the records of the CDCR, Herrera remains incarcerated at CSP- Solano. Thus, Warden Matteson is the proper Respondent. See Rule 2(a) of the Rules Governing § 2254 Cases; 25 26 1 The Court may take…