(HC) Hasan v. State of California

Good Law
United States District Court, Eastern District of CaliforniaApril 6, 20202:20-cv-00188California1,575 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HAKIM R. HASAN, No. 2:20-cv-00188-CKD-P Petitioner, v. ORDER AND STATE OF CALIFORNIA, FINDINGS AND RECOMMENDATIONS Respondent.1 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and has paid the filing fee. Petitioner has consented to have a United States Magistrate Judge conduct all further proceedings in this case including the entry of final judgment. See 28 U.S.C. § 636(c) and Local Rule 302.

1 Petitioner has failed to name a proper respondent in this habeas action. See Rule 2(a) of the Rules Governing Habeas Corpus Cases Under Section 2254 (stating that the petitioner “must 22 name as respondent the state officer who has custody” of him or her); Belgarde v. State of Montana, 123 F.3d 1210, 1212 (9th Cir. 1997) (emphasizing that the failure to name a proper respondent deprives the federal courts of personal jurisdiction). Typically,…

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