Watson v. People of The State of California

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/03/09 ordering that the 05/19/09 petition is dismissed with leave to file an amended petition naming the proper respondent within 30 days of the date of this order. The clerk of the court shall send petitioner the form petition for writ of habeas corpus used by this court. (Plummer, M)

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. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He proceeds in forma pauperis. See 28 U.S.C. § 1915. A petitioner seeking a writ of habeas corpus must name as respondent the person having custody over him. 28 U.S.C. § 2242; Rule 2(a), Rules Governing Section 2254 Cases. This person ordinarily is the warden of the facility where petitioner is confined. See Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Petitioner names as respondent the People of the State of California, who do not have custody over petitioner. Petitioner has not named the proper respondent. //// ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LARRY WATSON, Petitioner, No. CIV S-09-1855 FCD EFB P

ORDER

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Accordingly, it is ORDERED that the May 19, 2009 petition is dismissed with leave to file an amended petition naming the proper respondent within 30 days of the date of this order. Petitioner's failure to file an amended petition will result in a recommendation that this action be dismissed without prejudice. The Clerk of the Court is directed to send to petitioner the form Petition for a Writ of Habeas Corpus used in this court. Dated: November 3, 2009.

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