Carr v. State of Washington

Filing 7

ORDER DECLINING TO SERVE PETITION AND GRANTING LEAVE TO AMEND by Hon. Mary Alice Theiler. (Attachments: # 1 Amended 2254 Petition for Writ of Habeaus Corpus form)**17 PAGE(S), PRINT ALL**(Peter Carr, Prisoner ID: 357101)(ST)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 PETER JAMES CARR, Petitioner, 9 10 11 Case No. C17-1326-RAJ-MAT v. ORDER DECLINING TO SERVE PETITION AND GRANTING LEAVE TO AMEND STATE OF WASHINGTON, Respondent. 12 13 14 Petitioner Peter Carr is currently incarcerated at the Stafford Creek Corrections Center in 15 Aberdeen, Washington pursuant to a 2012 judgment of the King County Superior Court. He has 16 presented to this Court for filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 17 challenging that judgment. This Court’s review of the petition reveals that it is defective in the 18 following respect: 19 (1) Petitioner fails to name a proper respondent in his petition. Petitioner names the 20 State of Washington as the respondent in this action. A petitioner who is currently in custody 21 under a state court judgment must name as the respondent the state officer having custody of him 22 or her. Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts. 23 Typically, this person is the warden of the facility in which the petitioner is incarcerated. Stanley ORDER DECLINING TO SERVE PETITION AND GRANTING LEAVE TO AMEND- 1 1 v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Failure to name the petitioner's 2 custodian deprives federal courts of personal jurisdiction. Id. 3 (2) Because of this deficiency the Court declines to serve the petition or to direct that 4 an answer be filed. Petitioner is, however, granted leave to amend his petition to correct the above 5 noted deficiency. The amended petition should be filed on the forms provided by the Clerk. 6 Petitioner is advised that he must correct the noted deficiency within thirty (30) days of the date 7 on which this Order is signed or his petition will be subject to dismissal. 8 9 10 11 (3) The Clerk is directed to send copies of this Order and of the Court’s § 2254 forms to petitioner. The Clerk is further directed to send a copy of this Order to the Honorable Richard A. Jones. DATED this 29th day of September, 2017. 12 A 13 Mary Alice Theiler United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 ORDER DECLINING TO SERVE PETITION AND GRANTING LEAVE TO AMEND- 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?