(HC) Riego v. Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement

Good Law
United States District Court, Eastern District of CaliforniaOctober 28, 20241:24-cv-01162California347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

VENANCIO ESTEBAN RIEGO, Case No. 1:24-cv-01162-SKO-HC

Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO AMEND TO NAME A

v. PROPER RESPONDENT [Doc. 14] MINGA WOFFORD,

ORDER SUBSTITUTING MINGA

Respondent. WOFFORD AS RESPONDENT

16 Petitioner is a non-citizen detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He filed the instant petition on March 25, 2024. Upon review of the petition, the Court found Petitioner had failed to name a proper respondent. Thus, on October 3, 2024, the Court granted Petitioner leave to amend the respondent to avoid dismissal of the action. (Doc. 12.) On October 24, 2024, Petitioner filed a motion to amend the respondent. (Doc. 14.) DISCUSSION A petitioner seeking habeas corpus relief must name the officer having custody of him as the respondent to the petition. 28 U.S.C. § 2242; Rumsfeld v. Padilla, 542 U.S. 426, 430 (2004); Ortiz-Sandoval v. Gomez,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.