Goldman v. Superior Court, County of San Joaquin

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 9/1/2011. Petitioner's 1 Application for Writ of Habeas Corpus is DISMISSED with leave to amend. Petitioner shall file an Amended Petition on form used by this Court. Clerk directed to send petitioner this district's Habeas Corpus Application. (Marciel, M)

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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 MICHAEL A. GOLDMAN, 12 13 14 No. CIV S-11-2233-CMK-P Petitioner, vs. ORDER SUPERIOR COURT, COUNTY OF SAN JOAQUIN, 15 Respondent. 16 / 17 18 Pending before the court is petitioner’s petition (Doc. 1). “A petitioner for habeas 19 corpus relief must name the state officer having custody of him or her as the respondent to the 20 petition.” Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Ortiz- 21 Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (naming the Director of Corrections rather 22 than the prison warden is sufficient); see also Rule 2(a), Federal Rules Governing Section 2254 23 Cases. Because petitioner has not named the appropriate state officer, the petition must be 24 dismissed with leave to amend to name the correct respondent. See Stanley, 21 F.3d at 360. 25 Petitioner is warned that failure to comply with this order may result in the dismissal of this 26 action. See Local Rule 110. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 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 5 court, and which names the proper respondent and states all claims and requests for relief, within 6 30 days of the date of this order; and 7 3. The Clerk of the Court is directed to send petitioner the court’s form 8 habeas corpus application. Petitioner, a state prisoner proceeding pro se, brings this petition for a 9 writ of habeas corpus pursuant to 28 U.S.C. § 2254. 10 11 12 13 DATED: September 1, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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