(HC) Mills v. Hall of Justice Doc.

Case 2:06-cv-00136-LKK-EFB Document 5 Filed 02/08/2006 Page 1 of 2

8 United States District Court

9 Eastern District of California

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12 Kenneth Mills,

13 Petitioner, No. Civ. S 06-0136 LKK PAN P

14 vs. Order

15 Hall of Justice,

16 Respondent.

17 -oOo-

18 Petitioner, a state prisoner proceeding without counsel,

19 seeks a writ of habeas corpus and leave to proceed in forma

20 pauperis.

21 Examination of the in forma pauperis affidavit reveals

22 petitioner is unable to afford the costs of suit. Leave to

23 proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a).

24 Petitioner names “Hall of Justice” as respondent. The

25 proper respondent is “the state officer who has custody” of

26 petitioner, who typically is the sheriff of the pretrial

Dockets.Justia.com
 Case 2:06-cv-00136-LKK-EFB Document 5 Filed 02/08/2006 Page 2 of 2

1 detention facility or the warden of the prison where petitioner

2 is confined. Rule 2(a), Rules Governing § 2254 Cases; Advisory

3 Committee Notes to Rule 2(a).

4 Accordingly, petitioner has 30 days from the date this order

5 is signed to file an amended petition naming the proper

6 respondent. Otherwise this action will be dismissed without

7 prejudice. The Clerk of the Court is directed to send to

8 petitioner the form application for a writ of habeas corpus by a

9 state prisoner used in this court.

10 So ordered.

11 Dated: February 7, 2006.

12 /s/ Peter A. Nowinski

PETER A. NOWINSKI
13 Magistrate Judge
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