Gauthier

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BERTHO PAYTON GAUTHIER, Case No.: 21-CV-1706 JLS (WVG)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND

WITH LEAVE TO AMEND

UNKNOWN, Respondent. 16 Petitioner Bertho Payton Gauthier, a state prisoner proceeding pro se, has paid the $5.00 filing fee and has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. 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. “[T]he ‘state officer having custody’…