Ralph J Lara v. Los Angeles Court

Good Law
United States District Court, Central District of CaliforniaNovember 22, 20212:21-cv-08609California747 words

Opinion

Trial Court Opinion

CIVIL MINUTES – GENERAL

Case No.: 2:21-cv-08609-JLS-MAA Date: November 22, 2021 Title: Lara v. Los Angeles Court

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

Narissa Estrada N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent:

N/A N/A

Proceedings (In Chambers): Order re: Filing of Petition

On October 29, 2021, the Court received and filed Petitioner Ralph J. Lara’s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Section 2254”) (“Petition”). (Pet., ECF No. 1.)

The Petition suffers from certain procedural defects that must be resolved before Petitioner may proceed with this action. These defects are listed below. The Court ORDERS Petitioner to respond to the following issues by no later than December 22, 2021.

Personal Jurisdiction

The proper respondent in a state habeas action is the “state officer having custody” of the petitioner. Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (citation and quotation marks omitted). “This person typically is the warden of the…

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