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I.

INTRODUCTION

On December 20, 2020, Petitioner Kenneth Buford Pollard (“Pollard”), an inmate at California Correctional Institution (“CCI”) in Tehachapi, California, constructively filed1 a Petition for a Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 (“Section 2254”). ECF Docket No. (“Dkt.”) 1. The Petition purports to challenge a 2019 conviction in San Luis Obispo County Superior Court for (1) assault with a deadly weapon or instrument other than a firearm in violation of section 245(a)(1) of the California Penal Code and (2) criminal threats in violation of section 422 of the California Penal Code. Id. at 3.

It appears, however, the Petition is subject to dismissal because the Petition: (1) fails to name a proper respondent and (2) 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 Pollard an opportunity to address these issues before making a final determination regarding whether the Petition should be dismissed.

1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court,…