Medina v. County of Solano et al

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 2/7/08 ORDERING that petitioner's appl to proceed IFP is GRANTED. Petitioner's appl for a writ of hc is DISMISSED with leave to file an amended petition within 30 days from the date of this order. The Clerk is directed to send petitioner a writ of hc application form. (Kastilahn, A)

(HC) Medina v. County of Solano et al

Doc. 6

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. COUNTY OF SOLANO, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has also filed an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be 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 County of Solano and the California Court of Appeal as respondents in this action. They are not the proper respondents in this action. Accordingly, the instant petition must be dismissed with 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RUDOLFO JOSE MEDINA, Petitioner, No. CIV S-08-0040 LKK DAD P

ORDER

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leave to amend. See Stanley, 21 F.3d at 360. In his amended petition, petitioner must name as the respondent the warden of the facility where he is incarcerated. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application 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: February 7, 2008.

DAD:9 medi0040.122

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