Starr

Starr v. Covello

Good Law
United States District Court, Southern District of CaliforniaApril 25, 20223:22-cv-00455California578 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAUL ANTHONY LYNCH, Case No. 22-cv-455-MMA (BLM)

Plaintiff,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE

JEFF LYNCH et al., Defendants. 16 Petitioner Paul Anthony Lynch (“Petitioner”), a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, see Doc. No. 1 (the “Petition”), and paid the $5.00 filing fee, see Doc. No. 2. A 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 her 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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