Stevenson v. San Joaquin County

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 7/26/11 ORDERING that Petitioner's request to proceed in forma pauperis is granted; w/i 30 days, petitioner shall file an amended petition; the Court is directed to send petitioner the form petition for a writ of habeas corpus by a state prisoner. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HUQUINTON STEVENSON,
Petitioner,

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vs.

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No. CIV S-11-1732 DAD P

SAN JOAQUIN COUNTY, et al.,
Respondents.

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ORDER
/

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma

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pauperis.
Examination of the in forma pauperis affidavit reveals that petitioner is unable to

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afford the costs of suit. Accordingly, the request for leave to proceed in forma pauperis is

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granted. See 28 U.S.C. § 1915(a).
“A petitioner for habeas corpus relief must name the state officer having custody

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

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359, 360 (9th Cir. 1994) (citing Rule 2(a), 28 U.S.C. foll. § 2254). Petitioner has named San

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Joaquin County and the California Attorney General as respondents in this action; however, they

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are not proper respondents in this habeas action. Petitioner must name the warden of the facility

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where he is incarcerated as the respondent.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner's request to proceed in forma pauperis is granted;

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2. Within thirty days from the service of this order, petitioner shall file an

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amended petition using the form employed by this court and name the proper respondent;

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petitioner must state all claims and prayers for relief on the form. The amended petition must

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bear the case number assigned to this action and must bear the title “Amended Petition”;
3. Petitioner’s failure to comply with this order will result in the dismissal of this

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action; and
4. The Clerk of the Court is directed to send petitioner the form petition for a writ

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of habeas corpus by a state prisoner.

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DATED: July 26, 2011.

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DAD:4
stev1732.122

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