G. Memo Vera v. Kern County Superior Court Psych's

Summary

The United States District Court for the Eastern District of California screened G. Memo Vera’s pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court found that the petition named an improper respondent and failed to state a cognizable federal habeas claim. The court granted Petitioner 30 days to file a first amended petition or request to stand on the existing petition.

Holdings

1. A petitioner seeking habeas relief must name the officer having custody of the petitioner, ordinarily the warden of the facility where the petitioner is incarcerated; naming the Kern County Superior Court Psych's was insufficient and deprived the court of personal jurisdiction.
2. A state prisoner must allege facts showing that custody violates the Constitution, laws, or treaties of the United States; allegations concerning institutional procedures and psychological evaluations, without showing an effect on the length or legality of confinement, do not state a cognizable federal habeas claim.
3. A deficient habeas petition should not be dismissed without leave to amend when it is not clear that the petitioner cannot plead a tenable claim if given an opportunity to amend.

Questions Presented

1. Whether the petition was subject to dismissal at preliminary screening because it failed to name a proper habeas respondent.
2. Whether the petition stated a cognizable federal habeas claim under 28 U.S.C. § 2254.
3. Whether petitioner should be granted leave to amend rather than have the action dismissed immediately.

Disposition

other