(HC) Wilson v. State of California

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20202:19-cv-02398California1,655 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN LEE WILSON, No. 2:19-cv-02398-JAM-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, Respondent.1 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 12, 2020, the court vacated its prior Findings and Recommendations that petitioner’s habeas corpus application be summarily dismissed for failing to raise any cognizable claim for relief. ECF No. 10. In the same order, the court dismissed petitioner’s habeas application, but granted him leave to amend

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 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…

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