Davis v. Superior Court of Sacramento County

Filing 8

ORDER signed by Magistrate Judge Craig M. Kellison on 8/25/10 ORDERING petitioner's petition for writ of habeas corpus 1 is DISMISSED with leave to amend; petitioner shall file an amended petition on the form employed by this court within 30 days of this order; the clerk is directed to send petition the court's form habeas corpus application. (Attachments: # 1 HC Petition)(Carlos, K)

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(HC) Davis v. Superior Court of Sacramento County Doc. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 / 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 (Doc. 1). "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 Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (naming the Director of Corrections rather than the prison warden is sufficient); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. 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 action. See Local Rule 110. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MELVIN HUEY DAVIS, Petitioner, vs. SUPERIOR COURT OF SACRAMENTO COUNTY, No. CIV S-10-1530-CMK-P ORDER 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 Accordingly, IT IS HEREBY ORDERED that: 1. leave to amend; 2. Petitioner shall file an amended petition on the form employed by this Petitioner's petition for writ of habeas corpus (Doc. 1) is dismissed with 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: August 25, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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