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    (HC) Haltiwanger v. Reniff - Document No. 6

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    ORDER dismissing 1 Petition for Writ of Habeas Corpus, with leave to amend, signed by Judge Craig M. Kellison on 1/3/06. Petitioner shall file Amended Petition w/in 30 days of date of Order. Clerk directed to send petitioner Court's form.(Marciel, M) 2:2005cv02509 California Eastern District Court

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    (HC) Haltiwanger v. Reniff - Document No. 6

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    ORDER dismissing 1 Petition for Writ of Habeas Corpus, with leave to amend, signed by Judge Craig M. Kellison on 1/3/06. Petitioner shall file Amended Petition w/in 30 days of date of Order. Clerk directed to send petitioner Court's form.(Marciel, M) 2:2005cv02509 California Eastern District Court

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    ORDER dismissing 1 Petition for Writ of Habeas Corpus, with leave to amend, signed by Judge Craig M. Kellison on 1/3/06. Petitioner shall file Amended Petition w/in 30 days of date of Order. Clerk directed to send petitioner Court's form.(Marciel, M) 2:2005cv02509 California Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    45 views2 pages

    (HC) Haltiwanger v. Reniff - Document No. 6

    Uploaded by

    Justia.com
    ORDER dismissing 1 Petition for Writ of Habeas Corpus, with leave to amend, signed by Judge Craig M. Kellison on 1/3/06. Petitioner shall file Amended Petition w/in 30 days of date of Order. Clerk directed to send petitioner Court's form.(Marciel, M) 2:2005cv02509 California Eastern District Court

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    of 2

    (HC) Haltiwanger v. Reniff Doc.

    Case 2:05-cv-02509-GEB-CMK Document 6 Filed 01/03/2006 Page 1 of 2

    8 IN THE UNITED STATES DISTRICT COURT

    9 FOR THE EASTERN DISTRICT OF CALIFORNIA

    10

    11 TERRANCE L. HALTIWANGER, No. CIV S-05-2509-GEB-CMK-P

    12 Petitioner,

    13 vs. ORDER

    14 PEOPLE OF THE STATE OF


    CALIFORNIA IN THE COUNTY
    15 OF BUTTE, et al.,

    16 Respondents.

    17 /

    18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

    19 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s petition for

    20 a writ of habeas corpus (Doc. 1), filed on December 12, 2005. “A petitioner for habeas corpus

    21 relief must name the state officer having custody of him or her as the respondent to the petition.”

    22 Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994); see also Rule 2(a),

    23 Federal Rules Governing Section 2254 Cases. Because petitioner has not named the appropriate

    24 state officer, the petition must be dismissed with leave to amend to name the correct respondent.

    25 See Stanley, 21 F.3d at 360. Petitioner is warned that failure to comply with this order may

    26 result in the dismissal of this action. See Local Rule 11-110.

    Dockets.Justia.com
    Case 2:05-cv-02509-GEB-CMK Document 6 Filed 01/03/2006 Page 2 of 2

    1 Accordingly, IT IS HEREBY ORDERED that:

    2 1. Petitioner’s petition for writ of habeas corpus is dismissed with leave to

    3 amend;

    4 2. Petitioner shall file an amended petition on the form employed by this

    5 court, and which names the proper respondent and states all claims and requests for relief, within

    6 30 days of the date of this order; and

    7 3. The Clerk of the Court is directed to send petitioner the court’s form

    8 habeas corpus application.

    10 DATED: January 3, 2006.

    11
    ______________________________________
    12 CRAIG M. KELLISON
    UNITED STATES MAGISTRATE JUDGE
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