Myers v. State of Tennessee

Filing 22

ORDER granting 19 Motion to Substitute Party. David R. Osborne added. State of Tennessee terminated. Signed by District Judge Kevin H. Sharp on 7/29/11. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
COOKEVILLE DIVISION
RAYMOND DOUGLAS MYERS,

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Petitioner,
v.
STATE OF TENNESSEE,
Respondent.

No. 2:11-cv-00045
Judge Haynes

MOTION TO NAME PROPER PARTY RESPONDENT

David R. Osborne, Warden, Morgan County Correctional Complex, requests that
this Court substitute him in his official capacity as party respondent in the abovecaptioned matter.

As grounds, Warden Osborne states that petitioner, Raymond

Douglas Myers, is currently committed to the Morgan County Correctional Complex
under a state-court judgment. According to Habeas Rule 2(a), if the petitioner is
currently in custody under a state-court judgment, the petition must name as respondent
the state officer who has custody. Wherefore, Warden Osborne requests that the Court
name him as the proper party respondent in this case.

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