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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS MENDOZA,

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No. CIV S-11-1495-CMK-P

Petitioner,
vs.

ORDER

THE PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.
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/
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s petition

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(Doc. 1). “A petitioner for habeas corpus relief must name the state officer having custody of

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him or her as the respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 359,

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360 (9th Cir. 1994); see also Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996)

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(naming the Director of Corrections rather than the prison warden is sufficient); see also Rule

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2(a), Federal Rules Governing Section 2254 Cases. Because petitioner has not named the

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appropriate state officer, the petition must be dismissed with leave to amend to name the correct

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respondent. See Stanley, 21 F.3d at 360. Petitioner is warned that failure to comply with this
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order may result in the dismissal of this action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Petitioner’s petition for writ of habeas corpus (Doc. 1) is dismissed with

leave to amend;
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Petitioner shall file an amended petition on the form employed by this

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court, and which names the proper respondent and states all claims and requests for relief, within

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30 days of the date of this order; and

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3.

The Clerk of the Court is directed to send petitioner the court’s form

habeas corpus application.

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DATED: June 6, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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