(HC) Sunny v. People of the State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN SUNNY, No. 1:23-cv-00247-ADA-HBK (HC) Petitioner, v. ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME A

PEOPLE OF THE STATE OF PROPER RESPONDENT

CALIFORNIA,

TWENTY-ONE DAY DEADLINE Respondent. 16 17

19 On February 13, 2023, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner names the “People of the State of California” as respondent. However, the “People of the State of California” is not a proper respondent. The Court sua sponte grants Petitioner leave to amend the Petition to name a proper respondent in order to avoid dismissal of the action. 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." …