Mortensen v. Butte County Superior Court

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 6/9/2017 ORDERING petitioner shall submit, within 30 days, a certified copy of his prison trust account statement, or the proper filing fee; K. Seibel, Warden of DVI is substituted as respondent in this action.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN LEE MORTENSEN,

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Petitioner,

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No. 2:16 cv 02187 MCE AC

v.

ORDER

BUTTE COUNTY SUPERIOR COURT,

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Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. He has filed a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. He has not, however, filed a certified copy of his prison trust account statement

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for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. §

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1915(a)(2). Petitioner will be provided the opportunity to submit a certified copy of his prison

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trust account statement or the proper filing fee.
Additionally, the court notes that the proper respondent in a habeas corpus action is the

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petitioner’s custodian. See 28 U.S.C. § 2242; Rumsfeld v. Padilla, 542 U.S. 426, 435-36 (2004).

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Petitioner has named the Butte County Superior Court as the respondent in this action.

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Accordingly, the court will substitute the Warden of the Deuel Vocational Institution – K. Seibel,

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as respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

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In accordance with the foregoing, IT IS HEREBY ORDERED that:

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1.

Petitioner shall submit, within thirty days after the filing date of this order, a

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certified copy of his prison trust account statement for the six-month period immediately

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preceding the filing of the complaint or the proper filing fee.

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2.

K. Seibel, Warden of the Deuel Vocational Institution, is substituted as respondent

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to this action.

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DATED: June 9, 2017

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