Heinze v. State of Idaho et al

Filing 13

JUDGMENT that this case is dismissed with prejudice. Additionally, this case is hereby ordered closed.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

JASON PAUL HEINZE,
Case No. 1:11-CV-00180-EJL
Petitioner,
JUDGMENT
v.
PAM SONNEN,1
Respondent.

In accordance with the Order filed on this date, IT IS HEREBY ORDERED,
ADJUDGED, and DECREED that this case is dismissed with prejudice. Additionally,
this case is hereby ordered closed.
DATED: November 7, 2011

Honorable Edward J. Lodge
U. S. District Judge

1

Petitioner is currently housed at Southern Idaho Correctional Center (SICI). Accordingly, the
Court substitutes SICI Warden Pam Sonnen as respondent in this case. Failure to name a proper
respondent in a habeas corpus case deprives the court of personal jurisdiction over the matter. Stanley v.
California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994) (a petitioner's failure to name the appropriate
respondent deprives the court of personal jurisdiction). The “State of Idaho” and “Ada County” are not a
proper respondents in a habeas corpus action. See Smith v. Idaho, 383 F.3d 934, 937 (9th Cir. 2004).
MEMORANDUM DECISION AND ORDER - 1