(HC)Garza

(HC)Garza v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20231:23-cv-01723California683 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ANGEL M. GARZA, Case No. 1:23-cv-01723-SKO-HC

Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME

v. A PROPER RESPONDENT

PEOPLE OF THE STATE OF [THIRTY DAY DEADLINE]

CALIFORNIA,

15 Respondent.

17 On December 15, 2023, Petitioner filed a federal petition for writ of habeas corpus. He named the People of the State of California as Respondent in this matter. However, the People are not a proper respondent. Petitioner will be granted leave to amend the respondent in order to avoid dismissal of the action. DISCUSSION 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…

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