(HC) LeBlanc v. CDCR

Filing 8

ORDER signed by Magistrate Judge Dennis M. Cota on 11/17/2020 DISMISSING petitioner's petition with leave to amend. Petitioner shall file a first amended petition, in accordance with this order, within 30 days. The Clerk shall send petitioner a habeas corpus application. (Yin, K)

Case 2:20-cv-01475-DMC Document 8 Filed 11/18/20 Page 1 of 2
1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTOINE LEBLANC,

12

Petitioner,

13
14

No. 2:20-CV-1475-DMC-P

v.

ORDER

CDCR,

15

Respondent.

16
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

17
18

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

19

(ECF No. 1). “A petitioner for habeas corpus relief must name the state officer having custody of

20

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

21

360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. Because

22

Petitioner has not named the appropriate state officer, Petitioner will be provided leave to amend

23

to correct this technical defect by naming the correct respondent. See Stanley, 21 F.3d at 360.

24

Petitioner is warned that failure to comply with this order may result in the dismissal of this

25

action. See Local Rule 110.

26

///

27

///

28

///
1

Case 2:20-cv-01475-DMC Document 8 Filed 11/18/20 Page 2 of 2
1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

3
4

Petitioner’s petition for writ of habeas corpus (ECF No. 1) is dismissed

with leave to amend;
2.

Petitioner shall file a first 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
8

3.

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

habeas corpus application.

9
10
11

Dated: November 17, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2