Calhoun v. State of Washington
Filing
9
ORDER to Amend Petition by Judge J Richard Creatura. Petitioner is ordered to file an amended petition naming the proper respondent, or file a motion to change the case caption. The new petition or motion must be filed on or before 6/26/09, or the court will recommend dismissal of this petition on jurisdictional grounds.(Copy mailed to petitioner.)(DK)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This habeas corpus petition has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §§ 636(b)(1)(A) and 636 (b)(1)(B) and Local Magistrate Judge's Rules MJR 3 and MJR 4. Petitioner seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. (Dkt. # 1). The court has reviewed the petition prior to service. Mr. Calhoun names the State of Washington as the only respondent. Mr. Calhoun is in custody and should have named the superintendent or person in charge of the facility where he is currently housed. 28 U.S.C. § 2243 indicates that writs are to be directed "to the person having custody of the person detained." This person typically is the superintendent of the facility in which the ORDER - 1 v. STATE OF WASHINGTON, Respondent. ABDUL-KAHLIF CALHOUN, Petitioner, Case No. C09-5211RJB ORDER TO AMEND THE PETITION UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
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petitioner is incarcerated. Failure to name the petitioner's custodian deprives federal courts of personal jurisdiction. Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Petitioner is ordered to file an amended petition naming the proper respondent, or file a motion to change the case caption. The new petition or motion must be filed on or before June 26, 2009, or the court will recommend dismissal of this petition on jurisdictional grounds. The clerk is ordered to send copies of this order to the petitioner. DATED this 1st day of June, 2009.
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J. Richard Creatura United States Magistrate Judge
ORDER - 2
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