(HC) Brown v. People of the State of California

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID BROWN, No. 2:23-CV-1835-DMC-P Petitioner, v. ORDER PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s 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 the original petition, which improperly named the People of the State of California as Respondent, the amended petition improperly names the California Department of Corrections and Rehabilitation as Respondent. Petitioner must name the individual state officer having custody, which is the warden of Plaintiff’s prison. Because…