Colon v. People of The State of California

Filing 4

ORDER signed by Judge Kimberly J. Mueller on 7/26/2007 ORDERING 2 IFP Application filed by Felix Luis Colon, Jr. is GRANTED. Petitioner's 1 Petition for Writ of Habeas Corpus filed by Felix Luis Colon, Jr. is DISMISSED with leave to file amended petition w/i 30 days from date of this order. Clerk is directed to send petitioner habeas form. (Waggoner, D)

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(HC) Colon v. People of The State of California Doc. 4 Case 2:07-cv-01400-LKK-KJM Document 4 Filed 07/26/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / ORDER FELIX COLON, Petitioner, No. CIV S-07-1400 LKK KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254, together with a request to proceed in forma pauperis. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Accordingly, the request for leave to proceed in forma pauperis is granted. See 28 U.S.C. 1915(a). "A petitioner for habeas corpus relief must name the state officer having custody of him or her as the respondent to the petition." Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994) (citing Rule 2(a), 28 U.S.C. foll. 2254). Petitioner has named the people of the state of California as respondent in this action. This entity is not the proper ///// 1 Dockets.Justia.com Case 2:07-cv-01400-LKK-KJM Document 4 Filed 07/26/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 respondent in this action. Accordingly, the instant petition must be dismissed with leave to amend. See Stanley, 21 F.3d at 360. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's request to proceed in forma pauperis is granted; 2. Petitioner's application for writ of habeas corpus is dismissed with leave to file an amended petition within thirty days from the date of this order; 3. Any amended petition must be filed on the form employed by this court, must name the proper respondent, and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title "Amended Petition"; and 4. The Clerk of the Court is directed to send petitioner the form for habeas corpus application. DATED: July 26, 2007. 2

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