Parker v. State of Washington

Filing 5

ORDER TO FILE AN AMENDED PETITION OR MOTION TO CHANGE THE CASE CAPTION and name a proper respondent; petitioner's pleading must be filed on or before May 23, 2014; signed by Magistrate Judge J Richard Creatura. (GMR- cc: petitioner w/blank petition form)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 ANDRE T PARKER, 11 12 13 14 15 16 17 18 19 20 21 22 Petitioner, v. STATE OF WASHINGTON, CASE NO. C14-5303 BHS-JRC ORDER TO FILE AN AMENDED PETITION OR MOTION TO CHANGE THE CASE CAPTION Respondent. The District Court has referred this petition for a writ of habeas corpus to United States Magistrate Judge J. Richard Creatura. The authority for the referral is 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state conviction, thus, the petition is filed pursuant to 28 U.S.C. § 2254. Petitioner has named only the State of Washington as respondent. Petitioner needs to name a natural person -- not a governmental entity. The proper respondent is the person having custody of petitioner. See 28 U.S.C. § 2242. This person is usually the superintendent of the facility in which petitioner is incarcerated. Petitioner’s failure to name the correct party deprives 23 24 ORDER TO FILE AN AMENDED PETITION OR MOTION TO CHANGE THE CASE CAPTION - 1 1 this Court of personal jurisdiction. See Stanley v. California Supreme Court, 21 F.3d 359, 360 2 (9th Cir. 1994). 3 Petitioner is ordered to file either an amended petition or a motion asking the Court to 4 change the case caption and name a proper respondent. Petitioner’s pleading must be filed on or 5 before May, 23, 2014 or the Court will recommend dismissal of this petition for failure to 6 prosecute and failure to comply with a Court order. 7 Dated this 14th day of April, 2014. A 8 9 J. Richard Creatura United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER TO FILE AN AMENDED PETITION OR MOTION TO CHANGE THE CASE CAPTION - 2