Phillips

(HC) Allen v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaDecember 22, 20222:22-cv-00011California412 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY L. ALLEN, JR., No. 2:22-CV-0011-DMC-P Petitioner,

ORDER

v. THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s second amended petition, ECF No. 16. “A petitioner for habeas corpus relief must name the state officer having custody of him or her as the respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. Because Petitioner has not named the appropriate state officer, Petitioner will be provided leave to amend to correct this technical defect by naming the correct respondent. See Stanley, 21 F.3d at 360. The Court notes that this is the third time Petitioner has been advised of this defect and instructed to file an amended petition. Petitioner is warned that…

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