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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PETER JAMES CARR,
Petitioner,

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Case No. C17-1326-RAJ-MAT

v.
ORDER DECLINING TO SERVE
PETITION AND GRANTING LEAVE
TO AMEND

STATE OF WASHINGTON,
Respondent.

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Petitioner Peter Carr is currently incarcerated at the Stafford Creek Corrections Center in

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Aberdeen, Washington pursuant to a 2012 judgment of the King County Superior Court. He has

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presented to this Court for filing a petition for writ of habeas corpus under 28 U.S.C. § 2254

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challenging that judgment. This Court’s review of the petition reveals that it is defective in the

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following respect:

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(1)

Petitioner fails to name a proper respondent in his petition. Petitioner names the

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State of Washington as the respondent in this action. A petitioner who is currently in custody

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under a state court judgment must name as the respondent the state officer having custody of him

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or her. Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts.

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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

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v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Failure to name the petitioner's

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custodian deprives federal courts of personal jurisdiction. Id.

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(2)

Because of this deficiency the Court declines to serve the petition or to direct that

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an answer be filed. Petitioner is, however, granted leave to amend his petition to correct the above

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noted deficiency. The amended petition should be filed on the forms provided by the Clerk.

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Petitioner is advised that he must correct the noted deficiency within thirty (30) days of the date

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on which this Order is signed or his petition will be subject to dismissal.

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(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.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER DECLINING TO SERVE
PETITION AND GRANTING
LEAVE TO AMEND- 2