Jones v. State of Nebraska

Filing 14

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Within 14 days, Petitioner must file a motion requesting that this court substitute the state officer who has custody over him-Warden Brian Gage or Director Scott Frakes-as the respondent in this case. Failure to do so will result in the court dismissing this case without further notice. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONALD J. JONES,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.

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8:15CV94

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. 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).
Here, Petitioner has named the State of Nebraska as Respondent in this matter.
The State of Nebraska is not the proper respondent in this case.
IT IS THEREFORE ORDERED that: Within 14 days, Petitioner must file a
motion requesting that this court substitute the state officer who has custody over
him—Warden Brian Gage or Director Scott Frakes—as the respondent in this case.
Failure to do so will result in the court dismissing this case without further notice.
DATED this 28th day of September, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge