(HC)Sepeda

(HC)Sepeda v. Fresno County, California

Good Law
United States District Court, Eastern District of CaliforniaMay 13, 20221:22-cv-00522California1,287 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TONY SEPEDA, Case No. 1:22-cv-00522-SAB-HC

Petitioner, ORDER GRANTING LEAVE TO AMEND

PETITION

v.

FRESNO COUNTY, CALIFORNIA,

Respondent.

15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases (“Habeas Rules”) requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. A. Proper Respondent In this case, Petitioner names “Fresno County, California” as Respondent. (ECF No. 1 at 1).1 However, a petitioner seeking habeas corpus relief under 28…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.