Lance Ian Osband v. Jason Schultz

Summary

The United States District Court for the Eastern District of California granted petitioner Lance Ian Osband’s seventeenth motion for a sixty-day extension of time to file objections to findings and recommendations. The court also granted a request to seal a confidential declaration and directed the Clerk to substitute Acting Warden Jason Schultz as respondent.

Holdings

1. Good cause existed to grant petitioner a sixty-day extension of time to file objections to the findings and recommendations.
2. The confidential declaration submitted in support of the extension motion should be filed under seal because good cause appeared.
3. Acting Warden Jason Schultz was properly substituted as respondent for former California State Prison-Sacramento Warden Jeff Lynch because the proper respondent in a federal habeas petition is the petitioner's immediate custodian.

Questions Presented

1. Whether good cause supported extending the deadline for petitioner to file objections to the findings and recommendations.
2. Whether good cause supported sealing the confidential declaration submitted in support of the extension motion.
3. Whether the court should substitute the petitioner's current immediate custodian, Acting Warden Jason Schultz, as respondent.

Disposition

other