Kurtis King v. People of The State of California

CIVIL MINUTES - GENERAL

Case No. 2:23-cv-03929-FWS (SK) Date June 8, 2023 Title Kurtis King v. People of The State of California Present: The Honorable Steve Kim, United States Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE In late April 2023, Petitioner constructively filed a petition under 28 U.S.C. § 2254, challenging his December 2019 California state conviction for first degree murder. Petitioner raises claims for judicial misconduct and ineffective assistance of counsel. (ECF 1 at 3; ECF 1- 1 at 9). The petition is deficient on its face for at least two reasons. First, Petitioner has named the wrong respondent in “the People of the State of California.” The “proper respondent [in a federal habeas petition] is the warden of the facility where the prisoner is being held.” , 542 U.S. 426, 436 (2004). Unless Petitioner names the correct respondent, the Court lacks jurisdiction over the petition. . at 442. Second,…