Andrade

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SILVIA ANDRADE, Case No. 21-cv-05785-VC (PR)

Petitioner, ORDER DENYING MOTION TO

DISMISS AS MOOT AND

v. DISMISSING DISTRICT ATTORNEY

AS RESPONDENT; ORDER TO

LAKE COUNTY DISTRICT ATTORNEY, SHOW CAUSE

Respondent. Re: Dkt. No.

This is a pro se habeas petition filed by Silvia Andrade against the Lake County District Attorney’s Office. Andrade filed the petition when she was on probation. Previously, the Court dismissed all but the claim of ineffective assistance of counsel and then issued an order to show cause why the petition should not be granted as to that claim. The Lake County District Attorney has now filed a response, arguing, among other things, that she is not the proper respondent. The District Attorney is correct on that point; the Court should not have issued an order to show cause to the District Attorney. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (Rule 2(a) of the Rules Governing Habeas Corpus Cases Under Section § 2254 requires a person in custody pursuant to the judgment of a state court to name the…