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Atherton v. California Dept. of Corr. Rehabilit

United States District Court, E.D. California
May 28, 2008
No. CIV S-08-0555 GEB EFB P (E.D. Cal. May. 28, 2008)

Opinion

No. CIV S-08-0555 GEB EFB P.

May 28, 2008


ORDER


Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915.

Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit.

A petitioner seeking a writ of habeas corpus must name as respondent the person having custody over him. 28 U.S.C. § 2242; Rule 2(a), Rules Governing Section 2254 Cases. This person ordinarily is the warden of the facility where petitioner is confined. See Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Petitioner names as respondent the California Department of Correction [sic] and Rehabilitation. Petitioner has not named the proper respondent.

Accordingly, it is ORDERED that:

1. Petitioner's request for leave to proceed in forma pauperis is granted;

2. The March 12, 2008, petition is dismissed with leave to file an amended petition naming the proper respondent within 30 days of the date of this order. Petitioner's failure to file an amended petition will result in a recommendation that this action be dismissed without prejudice; and

3. The Clerk of the Court is directed to send to petitioner the form Petition for a Writ of Habeas Corpus used in this court.


Summaries of

Atherton v. California Dept. of Corr. Rehabilit

United States District Court, E.D. California
May 28, 2008
No. CIV S-08-0555 GEB EFB P (E.D. Cal. May. 28, 2008)
Case details for

Atherton v. California Dept. of Corr. Rehabilit

Case Details

Full title:WILLIAM MAY ATHERTON, Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTION…

Court:United States District Court, E.D. California

Date published: May 28, 2008

Citations

No. CIV S-08-0555 GEB EFB P (E.D. Cal. May. 28, 2008)