Ruiz
(HC) Brown v. Ruiz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PERCY L. BROWN, No. 1:23-cv-00629-JLT-HBK (HC) Petitioner, ORDER GRANTING PETITIONER LEAVE
TO FILE MOTION TO AMEND TO NAME A
v. PROPER RESPONDENT J. RUIZ, ET AL., THIRTY DAY DEADLINE Respondents. 16 On April 24, 2023, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). Petitioner names correctional officer J. Ruiz, sergeant A. Hernandez, chief deputy warden S. Smith, the California Substance Abuse Treatment Facility, and “chief appeals, office of grievance, CDCR” as respondents in this action. (See generally Doc. No. 1). These are not proper respondents; therefore, Petitioner will be granted leave to amend the 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…