(HC) Dynes v. Fresno County Superior Court

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN RAY DYNES, ) Case No.: 1:19-cv-01697-JLT (HC) ) Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION v. ) ) [THIRTY-DAY DEADLINE] FRESNO COUNTY SUPERIOR COURT, ) Respondent. ) ) )

Petitioner filed a Petition for Writ of Habeas Corpus on December 4, 2019. A preliminary screening of the petition reveals that the petition fails to name the proper respondent. Therefore, the Court will DISMISS the petition with leave to file an amended petition. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . . . .” Rule 4; O’Bremski…