Shamoun

Shamoun v. People of the State of CA

Good Law
United States District Court, Southern District of CaliforniaJune 10, 20203:20-cv-01025California994 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HADEER SHAMOUN, Case No.: 20-CV-1025 JLS (AHG)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 Petitioner Hadeer Shamoun, proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See generally ECF No. 1 (“Pet.”). He has paid the $5.00 filing fee. Id. FAILURE TO NAME A PROPER RESPONDENT Petitioner has failed to name a proper respondent. On federal habeas, a state prisoner must name the state officer having custody of him as the respondent. Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996) (citing Rule 2(a), 28 U.S.C. foll. § 2254). Federal courts lack personal jurisdiction when a habeas petition fails to name a proper respondent. See id. The warden is the typical respondent; however, “the rules following section 2254 do not specify the warden.” Id. “[T]he ‘state officer having…

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