Anderson v. Ross et al
Filing
11
INITIAL REVIEW ORDER - Within 28 days after entry of this Order, Petitioner must file an amended petition that complies with Habeas Rule 2(d). The Clerk of Court will provide Petitioner with this Courts form § 2254 petition, and Petitioner is en couraged and expected to use that form to draft any amended petition. If Petitioner does not file a timely amended petition, this case may be reassigned to a United States District Judge for consideration of dismissal. Alternatively, Petitioner may f ile a Notice of Voluntary Dismissal if he no longer intends to pursue this case. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DEVON JOSEPH ANDERSON,
Case No. 1:24-cv-00602-REP
Petitioner,
INITIAL REVIEW ORDER
v.
RUSSELL ROSS and ASHLEY
DOWELL,
Respondents.
Petitioner Devon Joseph Anderson, an inmate in the custody of the Idaho
Department of Correction, has filed a Petition for Writ of Habeas Corpus challenging the
revocation of his parole. See Dkt. 1. The Court must review each habeas corpus petition
upon receipt to determine whether the petition is subject to summary dismissal pursuant
to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases (“Habeas
Rules”).
Petitioner has not complied with Habeas Rule 2(d), which requires any habeas
petition brought pursuant to 28 U.S.C. § 2254 to “substantially follow either the form
appended to these rules or a form prescribed by a local district-court rule.” This Court has
adopted a local form for § 2254 petitioners. Accordingly, within 28 days after entry of
this Order, Petitioner must file an amended petition complying with Rule 2(d).
Petitioner should also be aware that Ashley Dowell, the Director of the Idaho
Parole Commission, does not appear to be an appropriate respondent. See Habeas Rule
INITIAL REVIEW ORDER - 1
2(a) (stating that the proper respondent in a habeas corpus action under 28 U.S.C. § 2254
is the “officer who has custody” of the petitioner); Rumsfeld v. Padilla, 542 U.S. 426, 435
(2004) (stating that a petitioner challenging his present physical confinement must name
as respondent “the warden of the facility where the prisoner is being held”). For this
reason, Petitioner may wish to omit Ms. Dowell from any amended petition.
ORDER
IT IS ORDERED:
1.
Within 28 days after entry of this Order, Petitioner must file an amended
petition that complies with Habeas Rule 2(d). The Clerk of Court will
provide Petitioner with this Court’s form § 2254 petition, and Petitioner is
encouraged and expected to use that form to draft any amended petition. If
Petitioner does not file a timely amended petition, this case may be
reassigned to a United States District Judge for consideration of dismissal.
2.
Alternatively, Petitioner may file a Notice of Voluntary Dismissal if he no
longer intends to pursue this case.
DATED: January 29, 2025
________________________
Honorable Raymond E. Patricco
Chief U.S. Magistrate Judge
INITIAL REVIEW ORDER - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?