(HC) Diaz v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANTONIO DIAZ, Case No. 1:23-cv-01783-SKO-HC
Petitioner, ORDER GRANTING PETITIONER LEAVE
TO FILE MOTION TO AMEND TO NAME
v. A PROPER RESPONDENT
STATE OF CALIFORNIA, [THIRTY DAY DEADLINE] Respondent.
16 On December 29, 2023, Petitioner filed a federal petition for writ of habeas corpus. He named the State of California as Respondent in this matter. The State of California is not a proper respondent, and Petitioner will be granted leave to amend the respondent 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 for habeas…