Carl Patrick Lewis v. People of The State of California

Case 2:22-cv-00814-SVW-SK Document Filed 02/10/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:22-cv-00814-SVW (SK) Date: February 10, 2022 Title Carl Patrick Lewis v. People of the State of California

Present: The Honorable: Steve Kim, United States Magistrate Judge

Connie Chung n/a Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent:

None present None present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

Petitioner is an inmate at Calipatria State Prison seeking federal habeas relief under 28 U.S.C. § 2254 for a conviction sustained in a Los Angeles County Superior Court. (ECF 1 at 1-2). But his petition is deficient for two reasons.

First, Petitioner has named the incorrect respondent. The proper respondent is whoever has custody over the petitioner, usually the warden of the facility where the petitioner is incarcerated. See Smith v. Idaho, 392 F.3d 350, 354–55 (9th Cir. 2004). Naming the incorrect…