(HC)Garza

(HC)Garza v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaMarch 5, 20241:23-cv-01723California157 words

Trial Court Opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEL M. GARZA, Case No. 1:23-cv-01723-JLT-SKO-HC

Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO AMEND RESPONDENT

v. [Doc. 20] TAMMY CAMPBELL, Warden, Respondent.

16 On March 4, 2024, Petitioner filed the instant motion to amend Respondent. Petitioner states he has been transferred from Corcoran SATF to Corcoran State Prison. The warden at Corcoran State Prison is Tammy Campbell. The warden of the prison in which the petitioner is incarcerated is the proper respondent because the warden has "day-to-day control over" the petitioner. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992). Good cause having been presented, Petitioner’s motion to amend Respondent to Tammy Campbell is GRANTED. 23

IT IS SO ORDERED.

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Dated: March 5, 2024 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE

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