Korwin
Korwin v. People
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY ROBERT KORWIN, Case No.: 20cv2345 GPC (BGS)
Petitioner,
ORDER:
v. (1) DISMISSING CASE WITHOUT
PREJUDICE AND WITH LEAVE TO
PEOPLE,
AMEND;
Respondents. (2) NOTIFYING PETITIONER OF
OPTIONS
17 On December 1, 2020, Petitioner, proceeding pro se, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has paid the $5.00 filing fee. FAILURE TO NAME A PROPER RESPONDENT Review of the Petition reveals that 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 27 …