Moeller v. Gilbert

Filing 6

ORDER that Petitioner file an amended 4 Petition for Writ of Habeas Corpus or a motion to change the case caption. Petitioner's amended petition or motion to amend caption will be due on or before 6/14/13. Signed by Magistrate Judge J Richard Creatura. (CMG; cc to Petitioner w/blank forms)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID DOUGLAS MOELLER,

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Petitioner,

CASE NO. C13-5337 RJB-JRC
ORDER TO AMEND THE PETITION

v.
STATE OF WASHINGTON,
Respondent.

The District Court has referred this petition for a writ of habeas corpus to United States

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Magistrate Judge, J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §

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636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief

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from a state conviction. Petitioner filed the petition pursuant to 28 U.S.C. § 2254.

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Petitioner names the State of Washington as respondent. The proper respondent is “the

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person having custody of the person detained.” 28 U.S.C. § 2243. Petitioner needs to name a

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natural person -- not a governmental entity. This person is usually the superintendent of the

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facility in which petitioner is incarcerated. Petitioner’s failure to name the correct party deprives

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ORDER TO AMEND THE PETITION - 1

1 this Court of personal jurisdiction. See Stanley v. California Supreme Court, 21 F.3d 359, 360
2 (9th Cir. 1994).
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The Court Orders that petitioner file an amended petition or a motion to change the case

4 caption. Petitioner’s amended petition or motion will be due on or before June 14, 2013.
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Failure to comply with this order will result in a Report and Recommendation that this

6 action be dismissed for failure to comply with a court order and lack of in personam jurisdiction
7 over respondent.
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The Clerk is directed to mail a copy of this Order to petitioner and note the June 14,

9 2013, deadline on the Court’s calendar.
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Dated this 10th day of May, 2013.

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A
J. Richard Creatura
United States Magistrate Judge

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ORDER TO AMEND THE PETITION - 2