Gastelo

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BRANDON CARL SUTTER, Case No. 1:19-cv-01091-SKO-HC

Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME

v. A PROPER RESPONDENT

PEOPLE OF THE STATE OF [THIRTY DAY DEADLINE]

CALIFORNIA,

15 Respondent.

17 On August 12, 2019, Petitioner filed the instant federal petition for writ of habeas corpus in this Court. He names the People of the State of California as Respondent in this matter. However, the People of the State of California is 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…