Medrano v. Entrekin
MEMORANDUM OPINION AND ORDER GRANTING 3 MOTION to Substitute Party. Scott Hassell added. Todd Entrekin (Sheriff) terminated. It if FURTHER ORDERED that Respondent has fourteen days from the date of this Order to file his Response to the 2 Order to Show Cause. Signed by Judge Virginia Emerson Hopkins on 10/6/2015. (JLC)
2015 Oct-06 PM 03:50
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
PITERSON R. MARTINEZ
SHERIFF TODD ENTREKIN,
Case No. 4:15-CV-1477-VEH-JHE
MEMORANDUM OPINION AND ORDER
On August 27, 2015, Petitioner Piterson R. Martinez Medrano (“Medrano”)
filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1).
Medrano is incarcerated at the Etowah County Detention Center, in the custody of
the Bureau of Immigration and Customs Enforcement (“ICE”).
petition, Medrano named Etowah County Sheriff Todd Entrekin as Respondent.
(Id.). Respondent now moves to substitute Scott Hassell, Warden of the Etowah
County Detention Center, as the proper respondent. (Doc. 3).
The United States Supreme Court has held that, “[w]henever a § 2241
habeas petitioner seeks to challenge his present physical custody within the United
States, he should name his warden as respondent . . . .” Rumsfeld v. Padilla, 542
U.S. 426, 447 (2004).
Other remote supervisory officials are not proper
respondents. Id. at 435. Because Scott Hassell is warden of the Etowah County
Detention Facility, where Medrano is incarcerated, and, therefore, is Medrano’s
immediate custodian, he is the proper respondent and Sheriff Entrekin is not.
Based on the foregoing, the Respondent’s motion to substitute a party, (doc.
3), is GRANTED. The Clerk is DIRECTED to TERM Sheriff Entrekin and
SUBSTITUTE Warden Scott Hassell in his place. It if FURTHER ORDERED
that Respondent has fourteen days from the date of this order to file his response
to the order to show cause, (doc. 2).
DONE and ORDERED this the 6th day of October, 2015.
VIRGINIA EMERSON HOPKINS
United States District Judge
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