Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Winfeld v. Parks

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 17, 2010

PAUL WINFELD, PETITIONER,
v.
RICHARD PARKS, ET AL., RESPONDENTS.

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 respondents Richard Parks, Lawrence Smith, and Jan Scully, who do not have custody over petitioner. Petitioner has not named the proper respondent.

Petitioner has also filed a document styled "Motion for Dr. Trocoso to stand trial." Petitioner states that this doctor is violating his constitutional rights by forcing psychotropic drugs on him, which he is allergic to. His claim may not be brought in this habeas action. See Rule 1, Section 2254 Cases (a petition for a writ of habeas corpus [may be brought by] a person in custody under a state-court judgment who seeks a determination that the custody violates the Constitution). Petitioner is advised that in order to seek redress for the violation of his constitutional rights by a state actor, he may file a separate lawsuit under 42 U.S.C. §1983.

Accordingly, it is ORDERED that:

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

2. Petitioner's motion for Dr. Trocoso to stand trial is denied; and,

3. The June 25, 2010 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. The Clerk of the Court is directed to send to petitioner the form Petition for a Writ of Habeas Corpus used in this court.

20101117

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.