Whitaker v. Walker et al

Filing 8

ORDER granting 6 Petitioner's Motion for leave to proceed in forma pauperis; granting 7 MOTION to Amend. The Clerk is directed to file the motion to amend as a supplement to 2 Petition. The Clerk is instructed to substitute Ray Hobbs, Int erim Director of the Arkansas Department of Correction as the sole Respondent. The remaining parties Petitioner names as "defendants" are dismissed from the case as they are not proper parties to a habeas corpus action. The Clerk is instr ucted to serve 2 Petition, 7 Motion to Amend & a copy of this Order on Respondent & the U.S. Attorney by regular mail. The Court directs Respondent to file an answer, motion or responsive pleading to the Petition w/i 20 days after service. Signed by Magistrate Judge Beth Deere on 6/15/2010. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION G E R A L D WHITAKER, A D C # 141195 V. C U R T I S WALKER, et al. ORDER P e titio n e r Gerald Whitaker, an inmate at the Cummins Unit of the Arkansas D e p a rtm e n t of Correction ("ADC"), filed the present action pro se. Pending is P e titio n e r's motion for leave to proceed in forma pauperis (docket entry #6). The Motion is GRANTED. Accordingly, the Clerk is instructed to serve the Petition (#2), the Motion to Amend (#7), and a copy of this Order on the Respondent and the United States A tto rn e y by regular mail. The Court directs the Respondent to file an answer, motion, or o th e r responsive pleading to the petition within twenty (20) days after service of this p e titio n . P e titio n e r's motion to amend (#7) is also GRANTED. The Clerk is directed to file th e motion to amend as a supplement to the petition. Petitioner names a Mississippi C o u n ty prosecutor, an attorney, and a Circuit Court judge as respondents (#1). Under R u le 2 of the Rules Governing § 2254 Cases, the proper Respondent is the state officer w h o has custody of Petitioner. That officer is currently Ray Hobbs, Interim Director of th e Arkansas Department of Correction. Accordingly, the Clerk is instructed to substitute M r. Hobbs as the sole Respondent. The remaining parties Petitioner names as C A S E NO. 3:10CV00115 DPM-BD RESPONDENTS PETITIONER

"defendants" are dismissed from the case, as they are not proper parties to a habeas c o rp u s action. IT IS SO ORDERED this 15th day of June, 2010.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE

2