Muhammad v. Allen

Filing 25

OPINION AND ORDER directing the Clerk of Court to update the docket to reflect the Respondent is Stanley Williams. Signed by Judge William S. Duffey, Jr on 11/3/16. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
HAKIM MUHAMMAD,
Petitioner,
v.

1:15-cv-4148-WSD

MARTY ALLEN,
Respondent.

OPINION AND ORDER
This matter is before the Court on Petitioner Hakim Muhammad’s
(“Petitioner”) August 12, 2016, Letter to the Court [23], which the Clerk has
construed as Petitioner’s Motion to Amend Petition for Writ of Habeas Corpus to
Change Name of Respondent. Petitioner advises the Court that Marty Allen, the
warden at Valdosta State Prison, where Petitioner is incarcerated, has been
replaced, as of August 1, 2016, by Stanley Williams.
“[T]he proper respondent to a habeas petition is the person who has custody
over [the petitioner].” Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004) (internal
quotation marks omitted) (quoting 28 U.S.C. § 2242). Federal Rule of Civil
Procedure 25(d) provides that, where a public officer who is a party in an official
capacity dies, resigns, or otherwise ceases to hold office while the action is

pending, “[t]he officer’s successor is automatically substituted as a party.” Fed. R.
Civ. P. 25(d). “The court may order substitution at any time, but the absence of
such an order does not affect the substitution.” Id.1
Pursuant to Rule 25(d), the Court DIRECTS the Clerk of Court to update
the docket to reflect the Respondent is Stanley Williams.

SO ORDERED this 3rd day of November, 2016.

1

The Federal Rules of Civil Procedure apply to habeas proceedings. See Rule
12, Rules Governing Section 2254 Cases in the United States District Courts.

2