Hertzog v. State of Washington

Filing 4

ORDER regarding the 2 Sealed Petition for Writ of Habeas Corpus: Petitioner shall re-file his petition redacting (crossing out) the personal data identifiers noted above. He should also name Ronald Fraker as the Respondent. Petitioner shall do so on or before 11/18/11, or the court will dismiss the petition for failure to prosecute. This Court will take no further action on this case until Petitioner as complied with this Order. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Petitioner)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 GEORGE PHILIP HERTZOG, JR., 7 Petitioner, 8 9 ORDER REGARDING PETITION FOR WRIT OF HABEAS CORPUS v. STATE OF WASHINGTON, 10 11 12 NO. C11-5850 RBL/KLS Respondent. This habeas corpus action has been referred to United States Magistrate Judge Karen L. Strombom pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3 and MJR 4. Petitioner 13 14 15 filed this action under 28 U.S.C. § 2254 challenging his 1999 convictions for first degree rape of a child, first degree incest of child, and first degree child molestation. ECF No. 2. The 16 petition has been placed under seal by the Clerk because Petitioner has included personal data 17 identifiers such as dates of birth, social security numbers, full names of (then) minor children, 18 and medical records of a minor child. ECF No. 2. Pursuant to the Local Rules W.D. Wash., 19 parties shall redact dates of birth to the year of birth; redact names of minor children to the 20 initials, and redact social security numbers to the last four digits. CR 5.2. 21 22 In addition, Petitioner must name as respondent to his habeas petition, the “person who 23 has custody over” him. 28 U.S.C. § 2242; see also § 2243; Brittingham v. United States, 982 24 F.2d 378 (9th Cir. 1992). The Superintendent of the Clallam Bay Corrections Center, where 25 26 ORDER 1 1 Petitioner is currently confined, is The Court has also determined that the petition is Ronald 2 Fraker. 3 4 Accordingly, Petitioner shall re-file his petition redacting (crossing out) the personal data identifiers noted above. He should also name Ronald Fraker as the Respondent. 5 6 Petitioner shall do so on or before November 18, 2011 or the Court will dismiss the petition 7 for failure to prosecute. This Court will take no further action on this case until Petitioner has 8 complied with this Order. 9 DATED this 10 21st day of October, 2011. A 11 Karen L. Strombom United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER 2

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