(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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKQUAN D. SOLOMON,

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Petitioner,

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v.

No. 2:24-CV-0924-TLN-DMC-P
ORDER

CDCR,

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Respondent.

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

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corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition, ECF No. 1,

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which pleading is defective as lacking designation of any state officer defendant as having

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custody of Petitioner.
It is well established that a “ petitioner for habeas corpus relief must name the state officer

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having custody of him or her as the respondent to the petition.” Stanley v. California Supreme

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Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section

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2254 Cases. Because Petitioner has not named the appropriate state officer, Petitioner will be

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provided leave to amend to correct this technical defect by naming the correct respondent. See

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Stanley, 21 F.3d at 360. Petitioner is warned that failure to comply with this order may result in

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the dismissal of this action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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

with leave to amend;
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Petitioner shall file an amended petition on the form employed by this

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court, and which names the proper respondent and states all claims and requests for relief, within

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30 days of the date of this order; and

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3.

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

habeas corpus application.

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Dated: May 8, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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