(HC) Sahm v. California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STANLEY CARL SAHM, No. 2:20-cv-1941 DB Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,1 Respondent. 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks habeas relief in relation to his 1988 murder convictions. Presently before the court is the petition for screening. For the reasons set forth below, petitioner will be directed to either pay the filing fee or request to proceed in forma pauperis and to amend the petition. //// ////
1 Petitioner has improperly named as respondent the California Department of Corrections and Rehabilitation (“CDCR”). A federal petition for writ of habeas corpus must name as respondent the state officer having custody of petitioner. See 28 U.S.C. § 2254; Rule 2(a), Rules Governing Section 2254 Cases; Smith v. Idaho, 392 F.3d 350, 354-55 (9th Cir. 2004);…