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 STRIKING MOTION TO AMEND v. (Doc. No. 11) UNKNOWN, ORDER GRANTING PETITIONER LEAVE
TO FILE MOTION TO AMEND TO NAME A
Respondent. PROPER RESPONDENT THIRTY DAY DEADLINE 17 On March 21, 2023, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). Upon initial screening, the Court determined that the Petition did not name a respondent, and Petitioner was granted leave to file a motion to amend to name a proper respondent. On May 4, 2023, Petitioner filed a motion to amend the petition to name a proper respondent; however, Petitioner failed to sign the motion under penalty of perjury. (Doc. No. 11). Thus, the Court strikes the unsigned pleading and grants Petitioner leave to file a signed motion to amend to name a proper respondent in order to…