Unknown
(HC) Smith v. Unknown
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN ANDREW SMITH, No. 1:23-cv-00480-ADA-HBK (HC) Petitioner, ORDER GRANTING PETITIONER LEAVE
TO FILE MOTION TO AMEND TO NAME A
v. PROPER RESPONDENT UNKNOWN, THIRTY DAY DEADLINE Respondent. 16 On March 21, 2023, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner does not name a respondent on the Petition. Petitioner will be granted leave 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." Rule 4 of the Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). A petition for habeas corpus should not be dismissed without…