Koenig

(HC) Davis v. Koenig

Good Law
United States District Court, Eastern District of CaliforniaMarch 31, 20202:19-cv-02199California328 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIS DAVIS, No. 2:19-CV-2199-DMC-P Petitioner, v. ORDER SAN JOAQUIN COUNTY --

STOCKTON,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is petitioner’s petition (ECF No. 1). “A petitioner for habeas corpus relief must name the state officer having custody of him or her as the respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. In this case, petitioner does not name the custodial officer. Rather, he names “San Joaquin County – Stockton” as the respondent. Because petitioner has not named the appropriate state officer, petitioner will be provided leave to amend to correct this technical defect by naming the correct respondent. See Stanley, 21 F.3d at 360. Petitioner is…

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