Covello

(HC) Solomon v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMay 8, 20242:24-cv-00924California327 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAKQUAN D. SOLOMON, No. 2:24-CV-0924-TLN-DMC-P Petitioner,

ORDER

v. CDCR, Respondent. 16 Petitioner, a prisoner 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 petition, ECF No. 1, which pleading is defective as lacking designation of any state officer defendant as having custody of Petitioner. It is well established that 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. 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 failure to comply with this order…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.