Covello

(HC) Lopez v. Covello

Good Law
United States District Court, Eastern District of CaliforniaOctober 5, 20202:16-cv-01310California9,410 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SALVADOR LOPEZ, No. 2:16-cv-1310 MCE AC Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO,1 Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition filed on June 10, 2016,2 ECF No. 1, which challenges petitioner’s 2008 conviction for attempted murder. Respondent has answered, ECF No. 22, and petitioner has filed a traverse, ECF No. 25. ////

The proper respondent in a habeas corpus action is the warden of the institution where petitioner is confined. See 28 U.S.C. § 2254; Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts; Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Petitioner was transferred to Mule Creek State Prison in 2018. ECF No. 26. 25 Accordingly, Patrick Covello, Warden of Mule Creek State…

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