Opinion
Case No. CV 17-02486-DSF (AS)
04-04-2017
JOSEPH HILL, III, Petitioner, v. Judge KIM, Respondent.
ORDER OF DISMISSAL
I. BACKGROUND
On March 24, 2017, Joseph Hill, III ("Petitioner"), proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("Petition"), in the United States District Court for the Eastern District of California. (Docket Entry No. 1). On March 28, 2017, the Petition was transferred to the United States District Court for the Central District of California. (Docket Entry No. 6).
A Petition for Writ of Habeas Corpus can only be issued if petitioner is in state custody and that such custody is in violation of the Constitution, laws or treaties of the United States. 28 U.S.C. § 2254(c). Petitioner fails to allege any claim(s), much less any claims which go to the fact or duration of his confinement. See Preiser v. Rodriguez, 411 U.S. 475, 489 (1973).
Moreover, since Petitioner has failed to name the proper respondent, the name of the state officer having custody over Petitioner (i.e., prison warden), see Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1984); Rule 2(a), Rules Governing Section 2254 Cases in the United States Supreme Court, the Court lacks jurisdiction over the Petition. See Smith v. Idaho, 392 F.3d 350, 352-55 (9th Cir. 2004).
Since Petitioner does not state a claim for relief under 28 U.S.C. § 2254, dismissal of the Petition is warranted. /// /// /// /// /// /// ///
II. ORDER
ACCORDINGLY, IT IS ORDERED that the Petition be dismissed without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: 4/4/17
/s/_________
DALE S. FISCHER
UNITED STATES DISTRICT JUDGE Presented by:
Dated: April 3, 2017 /s/_________
ALKA SAGAR
UNITED STATES MAGISTRATE JUDGE