Cueda

(HC) Leonard v. Cueda

Good Law
United States District Court, Eastern District of CaliforniaJanuary 12, 20242:23-cv-02693California409 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS FREDERICK LEONARD, No. 2:23-CV-2693-DMC-P Petitioner,

ORDER

v. PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s first amended petition, ECF No. 5. “A petitioner for habeas corpus relief must name the state officer having custody of him or her as the respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. As with his original petition, the amended petition continues to name the “People of the State of California” as respondent. Because Petitioner has not named the appropriate state officer, Petitioner will be provided leave to amend to correct this technical defect by naming the correct respondent. See Stanley, 21 F.3d at 360. Petitioner is warned that continued failure to comply 27 …

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