(HC) Lemus v. Pratt ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL R. LEMUS, No. 2:23-CV-1968-DMC-P 12 Petitioner, ORDER 13 v. 14 BUTTE COUNTY SUPERIOR COURT, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s first amended 19 petition, ECF No. 6. 20 “A petitioner for habeas corpus relief must name the state officer having custody 21 of him or her as the respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 22 359, 360 (9th Cir. 1994); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. In the 23 original petition, Petitioner named “Butte County Superior Court” as the Respondent. The Court 24 dismissed the original petition with leave to amend to name the correct respondent. In the first 25 amended petition, Petitioner names “CRC Prison” as the Respondent. Because Petitioner still has 26 not named the appropriate state officer, Petitioner will be provided leave to amend to correct this 27 technical defect by naming the correct respondent. See Stanley, 21 F.3d at 360. Petitioner is 28 warned that failure to comply with this order may result in the dismissal of this action. See Local 1 Rule 110. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Petitioner’s first amended petition for writ of habeas corpus, ECF No. 6, is 4 | dismissed with leave to amend; 5 2. Petitioner shall file a second amended petition on the form employed by 6 || this court, and which names the proper respondent and states all claims and requests for relief, 7 || within 30 days of the date of this order; and 8 3. The Clerk of the Court is directed to send Petitioner the Court’s form 9 || habeas corpus application. 10 11 || Dated: November 6, 2023 Ss..c0_, DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28