Mendoza v. The People of the State of California

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/2011 ORDERING that ptnr's 1 habeas corpus petition is DISMISSED w/ leave to amend; ptnr to file an amended petition w/in 30 days; and the clerk to send ptnr a habeas corpus application.(Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS MENDOZA, 12 13 14 No. CIV S-11-1495-CMK-P Petitioner, vs. ORDER THE PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 / 17 18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s petition 20 (Doc. 1). “A petitioner for habeas corpus relief must name the state officer having custody of 21 him or her as the respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 359, 22 360 (9th Cir. 1994); see also Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) 23 (naming the Director of Corrections rather than the prison warden is sufficient); see also Rule 24 2(a), Federal Rules Governing Section 2254 Cases. Because petitioner has not named the 25 appropriate state officer, the petition must be dismissed with leave to amend to name the correct 26 respondent. See Stanley, 21 F.3d at 360. Petitioner is warned that failure to comply with this 1 1 order may result in the dismissal of this action. See Local Rule 110. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 5 Petitioner’s petition for writ of habeas corpus (Doc. 1) is dismissed with leave to amend; 2. Petitioner shall file an amended petition on the form employed by this 6 court, and which names the proper respondent and states all claims and requests for relief, within 7 30 days of the date of this order; and 8 9 3. The Clerk of the Court is directed to send petitioner the court’s form habeas corpus application. 10 11 12 13 14 DATED: June 6, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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