Delbert Smith v. State of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

STATE OF CALIFORNIA, DISMISS PETITION FOR FAILURE TO

NAME A PROPER RESPONDENT

Respondent. [10-DAY DEADLINE] 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on November 4, 2025. (Doc. 1.) Upon review of the petition, the Court found that Petitioner had failed to name a proper respondent. Petitioner was granted leave to amend the respondent in order to avoid dismissal of the action. (Doc. 4.) Petitioner was granted thirty (30) days to comply. Over thirty (30) days have passed, and Petitioner has failed to comply or respond to the Court’s order in any manner. Accordingly, the Court will recommend the petition be DISMISSED. DISCUSSION A petitioner seeking habeas corpus relief under 28 U.S.C. §…