Woolman v. Southeast Community College

Filing 13

STRICKEN - MEMORANDUM AND ORDER - On the court's own motion, Plaintiff shall have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus naming the current warden of Petitioner's place of co nfinement as the respondent. ***Pro Se Case Management Deadline set for 12/9/2013: Deadline for the petitioner to name proper respondent. Ordered by Chief Judge Laurie Smith Camp. (JAB) Modified on 11/12/2013 to add "stricken" text pursuant to Order 14 . (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES R. EAGLE BOY,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.

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CASE NO. 4:13CV3120

MEMORANDUM
AND ORDER

Petitioner has filed a Petition for Writ of Habeas Corpus pursuant 28 U.S.C. § 2254.
(Filing No. 1.) Rule 2(a) of the Rules Governing Section 2254 Cases in the United States
District Courts states that “if the petitioner is currently in custody under a state-court
judgment, the petition must name as respondent the state officer who has custody.” In
habeas corpus challenges to present physical confinement, the default rule is that the
proper respondent is the warden of the facility where the prisoner is being held. Rumsfeld
v. Padilla, 542 U.S. 426, 434 (2005).
Petitioner has named the State of Nebraska as Respondent in this matter. The
State of Nebraska is not the proper respondent in this case. In order for this matter to
proceed, Petitioner must file an amended petition for writ of habeas corpus naming the
current warden of Petitioner’s place of confinement as the respondent. In the alternative,
Plaintiff may file a motion to substitute party in which he asks the court to substitute the
current warden of his present place of confinement as the respondent.
IT IS THEREFORE ORDERED that:
1.

On the court’s own motion, Plaintiff shall have 30 days from the date of this
Memorandum and Order to file an amended petition for writ of habeas
corpus naming the current warden of Petitioner’s place of confinement as the
respondent. In the alternative, Plaintiff may file a motion to substitute party
in which he asks the court to substitute the current warden at his present

place of confinement as the respondent. Failure to do so may result in
dismissal of this matter without further notice; and
2.

The clerk’s office is directed to set the following pro se case management
deadline: December 9, 2013: Deadline for the petitioner to name proper
respondent.

DATED this 12th day of November, 2013.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S.
District Court for the District of Nebraska does not endorse, recommend, approve, or
guarantee any third parties or the services or products they provide on their Web sites.
Likewise, the court has no agreements with any of these third parties or their Web sites.
The court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the court.
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