(HC) Solomon v. CDCR

Filing 9

ORDER signed by Magistrate Judge Dennis M. Cota on 5/8/2024 DISMISSING petitioner's 1 petition for writ of habeas corpus. Petitioner shall file an amended petition on the form employed by this court, and which names the proper respondent and states all claims and requests for relief, within 30 days. The Clerk shall send petitioner the court's habeas corpus application form. (Yin, K)

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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 LAKQUAN D. SOLOMON, 12 Petitioner, 13 14 v. No. 2:24-CV-0924-TLN-DMC-P ORDER CDCR, 15 Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 17 18 corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition, ECF No. 1, 19 which pleading is defective as lacking designation of any state officer defendant as having 20 custody of Petitioner. It is well established that a “ petitioner for habeas corpus relief must name the state officer 21 22 having custody of him or her as the respondent to the petition.” Stanley v. California Supreme 23 Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section 24 2254 Cases. Because Petitioner has not named the appropriate state officer, Petitioner will be 25 provided leave to amend to correct this technical defect by naming the correct respondent. See 26 Stanley, 21 F.3d at 360. Petitioner is warned that failure to comply with this order may result in 27 the dismissal of this action. See Local Rule 110. 28 /// 1 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 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 8 3. The Clerk of the Court is directed to send Petitioner the Court’s form habeas corpus application. 9 10 Dated: May 8, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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