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Contreraz v. Stockbridge

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 4, 2009

MICHAEL CONTRERAZ, PLAINTIFF,
v.
STOCKBRIDGE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING IN PART PLAINTIFF'S REQUEST FOR NAME CHANGE ON THE COURT'S RECORD ORDER FOR CLERK TO ADD AKA TO PLAINTIFF'S NAME IN THIS ACTION (DOCUMENT #14)

Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 20, 2008, the court issued an order for plaintiff to file a written response clarifying his name of record. (Doc. 13.) On December 12, 2008, plaintiff filed a response, explaining that his birth name is Michael Contreraz, but he uses the name Lofofora Eva Contreras. (Doc. 14.) Plaintiff requested that the court change his name of record in this action from Michael Contreraz to Lofofora Eva Contreras.

Plaintiff filed the original complaint in this action on December 14, 2006, using only the name Michael Contreraz, which the court entered on the record. The prison where plaintiff is incarcerated also identifies him as Michael Contreraz.*fn1 To replace plaintiff's name of record at this stage of the proceedings would result in inconsistency and confusion of the court's record, which may result in prejudice to plaintiff. Notwithstanding plaintiff's assertion that the prison allows a prisoner to use an alternate name as long as the last name and the commitment number are used, the court has found in its experience that changing plaintiff's name from the name used by the prison is likely to cause plaintiff difficulties in receiving his court mail. For these reasons, the court shall deny plaintiff's request to replace his name of record in this action with an entirely different name, and plaintiff's name of record at the court shall remain Michael Contreraz. However, good cause appearing, the court shall add the name Lofofora Eva Contreraz as an AKA to plaintiff's current name of record. The court shall continue to use the name Michael Contreraz when sending plaintiff's court mail..

Based on the foregoing, IT IS HEREBY ORDERED that:

1. Plaintiff's request to replace his name of record in this action is granted in part;

2. The Clerk is directed to add the AKA "Lofofora Eva Contreraz" to plaintiff's name Michael Contreraz on the court's record; and

3. The court shall continue to use the name Michael Contreraz for plaintiff when sending him court mail.

IT IS SO ORDERED.


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