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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN ANDREW SMITH, No. 1:23-cv-00480-ADA-HBK (HC) Petitioner, ORDER GRANTING MOTION TO AMEND

AND NAME PROPER RESPONDENT

v. (Doc. No. 13) TRENT ALLEN, Warden,

ORDER SUBSTITUTING TRENT ALLEN,

Respondent. WARDEN AS RESPONDENT 16 On March 21, 2023, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). The Court advised Petitioner that the petition failed to name a proper respondent and granted Petitioner leave to file a motion to amend to name a proper respondent. (Doc. No. 10). On May 4, 2023, Petitioner filed an unsigned motion to amend to name a proper respondent, and on May 9, 2023 he was given leave to file to file a signed motion to amend to name a proper respondent in order to avoid dismissal of the action. (Doc. Nos. 11, 12). Petitioner now moves to amend the Petition to name Trent Allen, Warden, as the Respondent in this matter. (Doc. No. 13). A warden has “day-to-day control over” a…