Winters

Winters v. Sanchez

Good Law
United States District Court, Northern District of CaliforniaFebruary 12, 20243:23-cv-06093California958 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAUL L. WINTERS, Case No. 23-cv-06093-AMO (PR)

8 Petitioner,

ORDER TO SHOW CAUSE

9 v.

10 JEFFREY MACOMBER, Secretary of California Department of Corrections and 11 Rehabilitation (“CDCR”), Respondent. 12

Petitioner Paul L. Winters, a state parolee who is currently being held at Santa Rita Jail, has 13 filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the full 14 filing fee. Dkt. 2. 15 The rules governing relief under 28 U.S.C. § 2254 require a person in custody pursuant to 16 the judgment of a state court to name the “‘state officer having custody’” of him as the respondent. 17 Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (quoting Rule 2(a) of the Rules 18 Governing Habeas Corpus Cases Under Section 2254). This person typically is the warden of the 19 facility in which the petitioner is incarcerated. See Stanley v. California Supreme Court, 21 F.3d 20 359, 360 (9th Cir. 1994). Failure to name the petitioner’s custodian as a respondent deprives 21 federal…

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