Kenneth Buford Pollard v. San Luis Obispo Sheriffs Dept

I.

INTRODUCTION

On December 10, 2019, Kenneth Buford Pollard (“Petitioner”) filed a Petition for a Writ of Habeas Corpus (“Petition”) purporting to challenge his conviction for “false criminal threats”. ECF Docket No. (“Dkt.”) 1. It appears, however, the Petition is subject to dismissal because: (1) the Petition fails to name a proper respondent; and (2) the Petition fails to comply with Federal Rule of Civil Procedure 8 (“Rule 8”) and Rule 2(c) of the Rules Governing Habeas Corpus Cases Under Section 2254 (“Habeas Rule 2(c)”). The Court will provide Petitioner an opportunity to address these issues before making a final determination regarding whether the Petition should be dismissed.

II.

DISCUSSION

A. THE PETITION FAILS TO NAME A PROPER RESPONDENT

“[T]he proper respondent to a habeas petition is ‘the person who has custody over [the petitioner].’” Rumsfeld v. Padilla, 542 U.S. 426, 434, 124 S. Ct. 2711, 159 L. Ed. 2d 513 (2004) (second alteration in original). Thus, “the default rule is that the proper respondent is the warden of the facility where the prisoner is being held.” Id. at 435; see Stanley v. Cal. Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994) (as…