Davis v. People of State of CA et al
Filing
5
ORDER signed by Magistrate Judge Craig M. Kellison on 2/6/2012 ORDERING that petitioner's petition is DISMISSED with leave to amend; petitioner shall file an amended petition within 30 days; and the clerk to send peititoner a habeas corpus form.(Yin, K)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
SHAWN TYRONE DAVIS,
12
13
14
No. CIV S-12-0181-CMK-P
Petitioner,
vs.
ORDER
PEOPLE OF THE STATE OF
CALIFORNIA, et al.,
15
Respondents.
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
DATED: February 6, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?