Delbert Smith v. State of California

Good Law
United States District Court, Eastern District of CaliforniaNovember 6, 20251:25-cv-01492California678 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME

v. A PROPER RESPONDENT

STATE OF CALIFORNIA, [THIRTY DAY DEADLINE] Respondent.

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

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