(HC) Marquez-Huazo v. Warden of FCI-Herlong

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRACIANO MARQUEZ-HUAZO, No. 2:21-cv-1540 KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN, FCI-HERLONG,1 Respondent. 16 Petitioner, a federal prisoner, proceeds pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2241. Respondent’s motion to dismiss and renewed motion for appointment of counsel is before the court. As set forth below, the undersigned recommends that respondent’s motion to dismiss be granted, and petitioner’s motion for appointment of counsel is denied. //// ////

As noted by respondent’s counsel, petitioner failed to name a respondent in either the original or the amended petition. However, the proper respondent in a federal habeas corpus petition is the petitioner’s immediate custodian, and the court may substitute the proper respondent where an improper respondent is named. Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992). In petitioner’s…