(HC) Bellinger v. California Department of Corrections ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN JAMES BELLINGER, No. 2:23-CV-1043-DMC-P 12 Petitioner, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition for 20 a writ of habeas corpus, ECF No. 1. 21 The Court has examined Petitioner’s petition as required by Rule 4 of the Federal 22 Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any 23 attached exhibits that Petitioner is entitled to relief. See id. Specifically, Petitioner’s claim is 24 largely indecipherable and, to the extent coherent, does not appear to relate to the fact or duration 25 of Petitioner’s present confinement. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); see also 26 Neal v. Shimoda, 131 F.3d 818, 824 (9th Cir. 1997); Trimble v. City of Santa Rosa, 49 27 F.3d 583, 586 (9th Cir. 1995) (per curiam). Petitioner will be provided leave to amend. 28 / / / ] Moreover, Petitioner has not named the proper respondent. “A petitioner for 2 || habeas corpus relief must name the state officer having custody of him or her as the respondent to 3 | the petition.” Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also 4 | Rule 2(a), Federal Rules Governing Section 2254 Cases. Petitioner will be provided leave to 5 || amend. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Petitioner’s petition for writ of habeas corpus, ECF No. 1, is dismissed 8 || with leave to amend; 9 2. Petitioner shall file an amended petition on the form employed by this 10 || court, and which names the proper respondent and states all claims and requests for relief, within 11 | 30 days of the date of this order; and 12 3. The Clerk of the Court is directed to send Petitioner the Court’s form 13 || habeas corpus application. 14 15 || Dated: July 24, 2023 Ss..c0_, 16 DENNIS M. COTA 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28