Hodges

Hodges v. People of the State of California

Good Law
United States District Court, Southern District of CaliforniaMay 10, 20213:21-cv-00794California1,235 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EUGENE AL HODGES, Jr, Case No.: 3:21-cv-00794-LAB-AHG

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND WITH

LEAVE TO AMEND

PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondents.

17 Eugene Hodges, a state prisoner proceeding pro se, has paid the $5.00 filing fee and has submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. FAILURE TO NAME 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 do not specify the warden.” Id. …

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