Lynch v. Mississippi Dept. of Corrections

Filing 3

ORDERED that petitioner shall file a written response on or before June 30, 2009, to name his custodian, i.e., the Warden or Superintendent of the Central Mississippi Correctional Facility, Pearl, Mississippi, as the proper respondent in this action. Signed by Magistrate Judge Linda R. Anderson on 6/15/09.(RRL)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION DAVID LYNCH, #81587 VERSUS MISSISSIPPI DEPARTMENT OF CORRECTIONS PETITIONER CIVIL ACTION NO. 4:09cv77-TSL-LRA RESPONDENT

ORDER This matter is before the court on petitioner's request for habeas corpus relief pursuant to 28 U.S.C. § 2254. The court notes that the petitioner has failed to name the proper respondent in this action. The proper respondent is the official having custody over him, i.e., the Warden or Superintendent of the Central Mississippi Correctional Facility, Pearl, Mississippi, pursuant to 28 U.S.C. § 2242. Therefore, the petitioner will be directed to file a written response and provide the court with the required information. Accordingly, it is, hereby, ORDERED AND ADJUDGED that petitioner shall file a written response on or before June 30, 2009, to name his custodian, i.e., the Warden or Superintendent of the Central Mississippi Correctional Facility, Pearl, Mississippi, as the proper respondent in this action. IT IS FURTHER ORDERED that the Petitioner is directed to mail his written response to the Clerk, P.O. Box 23552, Jackson, MS 39225-3552. The Petitioner is warned that his failure to fully comply with any order of this court may result in this cause being summarily dismissed. THIS, the 15th day of June, 2009.

s/ Linda R. Anderson
UNITED STATES MAGISTRATE JUDGE