(HC) Meza v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOAQUIN MEZA, No. 2:23-cv-2748 DAD KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS CHRISTIAN PFEIFFER, Respondent.1 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss. (ECF No. 24.) For the reasons stated herein, the undersigned recommends that respondent’s motion to dismiss be granted. Legal Standard for Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court ....” Rule 4, Rules Governing Section 2254 Cases; see also

Petitioner named R. St. Andre as the respondent. The proper respondent to a habeas petition is 26 the “person who has custody over [the petitioner].” 28 U.S.C. §…