Dennis Roy Peterson v. Third Appellate District Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENNIS ROY PETERSON, No. 2:24-cv-03103-EFB (HC) Petitioner, v. ORDER THIRD APPELLATE DISTRICT
COURT,
15 Respondent.
17 Petitioner is a former state prisoner proceeding pro se. He has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. In addition, he has requested leave to proceed in forma pauperis. ECF No. 7. Examination of the affidavit reveals petitioner is unable to afford the costs of this action. Accordingly, leave to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). 23 1 Federal courts lack personal jurisdiction when a habeas petition fails to name a proper respondent. Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (citing Rule 2(a), 28 U.S.C. foll. § 2254). The proper respondent in federal habeas proceedings is one who “has the 25 power to order the petitioner’s release.” Smith v. Idaho, 392 F.3d 350, 355, n.3 (9th Cir. 2004). If “a petitioner is in custody due to the state…