Godwin

(HC) Lopez v. Godwin

Good Law
United States District Court, Eastern District of CaliforniaJune 21, 20221:22-cv-00735California689 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JORGE MEJIA LOPEZ, Case No. 1:22-cv-00735-SKO-HC

Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME

v. A PROPER RESPONDENT

UNNAMED, [THIRTY DAY DEADLINE] Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 16, 2022, Petitioner filed a federal petition for writ of habeas corpus. He did not name a Respondent (“CDCR”) in this matter. Petitioner will be granted leave to amend the respondent in order to avoid dismissal of the action. DISCUSSION Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490,…

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