Norman v. Dover et al

Filing 5

ORDER signed by Judge Craig M. Kellison on 7/26/07: Petitioner's petition for writ of habeas corpus is dismissed with leave to amend 1. Petitioner shall file an amended petition on the form employed by this court, within 30 days of the date of this order. The Clerk is directed to send petitioner the court's form habeas corpus application. (Kaminski, H)

Download PDF
(HC) Norman v. Dover et al Doc. 5 Case 2:07-cv-01443-FCD-CMK Document 5 Filed 07/27/2007 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. JOHN DOVER, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Pending before the court is petitioner's petition for a writ of habeas corpus (Doc. 1), filed on July 19, 2007. "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); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. In this case, petitioner names John Dover, the "Director Department of Corrections" and the Attorney General of the State of California as respondents. Because petitioner has not named the appropriate state officer, the petition must be dismissed with leave to amend to name the correct respondent. See Stanley, 21 F.3d at 360. Petitioner is warned that failure to comply with this order may result in the dismissal of this 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES GLENN NORMAN, JR, Petitioner, No. CIV S-07-1443-FCD-CMK-P ORDER Case 2:07-cv-01443-FCD-CMK Document 5 Filed 07/27/2007 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 action. See Local Rule 11-110. Accordingly, IT IS HEREBY ORDERED that: 1. amend; 2. Petitioner shall file an amended petition on the form employed by this Petitioner's petition for writ of habeas corpus is dismissed with leave to court, and which names the proper respondent and states all claims and requests for relief, within 30 days of the date of this order; and 3. The Clerk of the Court is directed to send petitioner the court's form habeas corpus application. DATED: July 26, 2007. ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?