Robertson
(HC) Hicks v. Robertson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRANKIE LON HICKS, Case No. 1:21-cv-01276-SKO-HC
Petitioner, ORDER GRANTING PETITIONER LEAVE
TO FILE MOTION TO AMEND TO NAME
v. A PROPER RESPONDENT
UNNAMED, [THIRTY DAY DEADLINE] Respondent.
16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition filed on August 23, 2021, Petitioner failed to name a respondent. Petitioner will be granted leave to amend to name a proper respondent in order to avoid dismissal of the action. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990).…