Truette v. Longley et al

Filing 9

ORDER dismissing respondent Harley G. Lappin. Harley Lappin is not the proper respondent in this civil habeas action. Signed by Honorable David C. Bramlette, III on August 27, 2012. (lda)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION GREGORY DENIS TRUETTE, No. 05884-017 VERSUS PETITIONER CIVIL ACTION NO. 5:12-cv-101-DCB-RHW ARCHIE B. LONGLEY, et al. RESPONDENTS ORDER This matter is before the Court, sua sponte. The proper party respondent in a habeas petition is the petitioner's custodian. See 28 U.S.C. ยง 2243. Thus, the proper respondent in this civil habeas action is Archie B. Longley, Warden of F.C.C.-Yazoo, Yazoo City, Mississippi. Having reviewed the petition, this Court finds that along with naming Warden Archie B. Longley, petitioner's custodian, as a respondent, the petitioner has also named Harley Lappin, Director of the Federal Bureau of Prisons, as a respondent. Because respondent Lappin is not the proper respondent in this civil habeas action, it is ORDERED that the clerk is directed to dismiss respondent Harley Lappin. This the 27th day of August, 2012. s/David Bramlette UNITED STATES DISTRICT JUDGE

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