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Lennart C. Schauman v. Unknown

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


October 2, 2012

LENNART C. SCHAUMAN, PETITIONER,
v.
UNKNOWN, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Therefore, petitioner's motion to proceed in forma pauperis (Dkt. No. 9) will be denied.*fn1

Additionally, "[a] petitioner for habeas corpus relief must name the state officer having custody of him or her as the respondent to the petition." Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994) (citing Rule 2(a), 28 U.S.C. foll. § 2254). Here, petitioner has not named anyone as the respondent in this action. Accordingly, the court will grant petitioner thirty days leave to file a second amended petition on the form provided by the court naming the proper respondent. Petitioner is advised that the proper respondent in the usual habeas action is the warden of the institution where the petitioner is currently incarcerated. See Stanley, 21 F.3d at 360.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner's motion to proceed in forma pauperis (Dkt. No. 9.) is DENIED;

2. Petitioner is granted thirty days from the date of service of this order to file a second amended petition for writ of habeas corpus;

3. Any second amended petition must be filed on the form provided by this court, must name the proper respondent, and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title "Second Amended Petition"; and

4. The Clerk of the Court is directed to send petitioner the form for habeas corpus application.


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