Delbert Smith v. State of California

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 DELBERT SMITH, Case No. 1:25-cv-01492-SKO-HC

12 Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME

13 v. A PROPER RESPONDENT

14 STATE OF CALIFORNIA, [THIRTY DAY DEADLINE] 15 Respondent.

16 17 On November 4, 2025, Petitioner filed a federal petition for writ of habeas corpus, naming 18 the State of California as Respondent in this matter. However, the State of California not a proper 19 respondent. Petitioner will be granted leave to amend the respondent in order to avoid dismissal 20 of the action. 21 DISCUSSION 22 Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary 23 review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 24 plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the 25 Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). 26 A petition for habeas corpus…