Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE LUIS RENEAUX, No. 2:20-cv-02139 GGH P Petitioner, v. ORDER BRIAN KIBLER, Warden Respondent.1 16 17 Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss the petition without prejudice due to the ongoing state proceedings regarding petitioner’s resentencing. ECF No. 10. Petitioner does not aver that these state proceedings are not ongoing. //// ////

1 As noted by counsel for the moving party, petitioner has not named a proper respondent, and seeks to substitute the warden of the prison housing petitioner in lieu of the initially named 25 respondent “Federal District Court of California.” Counsel is correct. The above-named respondent, Brain Kibler, is substituted as the respondent in this case. See Stanley v. California 26 Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994) (“A petitioner for habeas corpus relief must name…