Stanfield v. United States District Court, Eastern District of California et al

Filing 6

ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/2/2010 ORDERING that petitioner' s 2 request to proceed IFP is GRANTED; petitioner application for writ of hc is DISMISSED w/ leave to amend w/in 30 days; and the clerk to send petitioner a hc form. (Yin, K)

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 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). Petitioner has named this court as respondent in this action. This individual is not the proper respondent in this action. 1 vs. UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, Respondent. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JEFFREY DAVID STANFIELD, Petitioner, No. CIV S-09-3544 KJM P

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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 (docket no. 2) 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: April 2, 2010.

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