(HC) Calloway, Jr. v. The People of the State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY CARL CALLOWAY, JR., No. 1:24-cv-00330-HBK (HC) 12 Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE MOTION TO AMEND TO NAME A

13 v. PROPER RESPONDENT 14 THE PEOPLE OF THE STATE OF THIRTY DAY DEADLINE

CALIFORNIA,

15 Respondent. 16 17 On March 20, 2024, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 18 2254. (Doc. No. 1). Petitioner names “the People of the State of California” as respondent in this 19 action. (See generally id.). This is not a proper respondent; therefore, Petitioner will be granted 20 leave to amend the respondent in order to avoid dismissal of the action. 21 Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary 22 review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 23 plainly appears from the petition . . . that the petitioner is not entitled to relief." Rule 4 of the 24 Rules Governing § 2254 Cases; see also Hendricks v. Vasquez, 908…