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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111556
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I exhausted all of my conviction appeal relief with denial

Customer Question

I exhausted all of my conviction appeal relief with denial of my Petition for Review from the California Supreme Court. My state court misdemeanor sentencing includes informal probation and a protective order which both expire on May 27, 2017. On the Avvo.com free Q&A forum, I was able to get legal advice that my state informal probation and protective order infringes my liberty, which meets the custody requirement for Federal habeas relief. As a proper, I petitioned the District Court in San Diego for habeas relief on my state court custody status. The District Court dismissed my habeas petition without prejudice because I improperly stated the Superior Court of San Diego County as the respondent of my habeas petition. Even though I stated in my petition that I’m currently in custody of the state with summary probation and a protective order, the District Court made an opinion in its’ dismissal that I’m a prisoner of the state and should state the name of my probation officer on a petition for habeas relief. I asked my public defender and the clerk of the court who my probation officer is and both responded saying I don’t have a probation officer because I’m on summary probation. In my case of seeking Federal habeas relief from state custody pertaining to informal probation and a protective order, who do I properly name the on my Federal Petition for Habeas Relief as the respondent? What Federal case law and / or statute can I recite in my Federal Petition for Habeas Relief as authority to meet the state custody requirement if I was imposed with a protective order and informal probation?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In the Habeas petition you name the State of CA, the State Department of Corrections and Rehabilitation and Dr. Jeffrey Beard, Secretary of Corrections and Rehabilitation. Those would be the defendants in the habeas petition, since you have no one probation officer named, you name the department in charge of probation along with the state.

Customer: replied 1 year ago.
Thank you Law Educator for your resolute answer for the purpose of education only. Would the following compositon be proper wording to insert on the 28 U.S.C. Section 2254 Habeas petition to name the respondent of my informal probation and protective order state custody? :
The State of California,
California Department of Corrections and Rehabilitation,
XX. XXXX XXXX, Secretary of Corrections and Rehabilitation.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Dr. Jeffrey Beard in capacity as Secretary of Corrections and Rehabilitation.

That means you are naming him as the party responsible for the agency.

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