Parker v. State of Washington

Filing 5

ORDER TO FILE AN AMENDED PETITION OR MOTION TO CHANGE THE CASE CAPTION and name a proper respondent; petitioner's pleading must be filed on or before May 23, 2014; signed by Magistrate Judge J Richard Creatura. (GMR- cc: petitioner w/blank petition form)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANDRE T PARKER,

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Petitioner,
v.
STATE OF WASHINGTON,

CASE NO. C14-5303 BHS-JRC
ORDER TO FILE AN AMENDED
PETITION OR MOTION TO CHANGE
THE CASE CAPTION

Respondent.
The District Court has referred this petition for a writ of habeas corpus to United States
Magistrate Judge J. Richard Creatura. The authority for the referral is 28 U.S.C. § 636(b)(1)(A)
and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state
conviction, thus, the petition is filed pursuant to 28 U.S.C. § 2254.
Petitioner has named only the State of Washington as respondent. Petitioner needs to
name a natural person -- not a governmental entity. The proper respondent is the person having
custody of petitioner. See 28 U.S.C. § 2242. This person is usually the superintendent of the
facility in which petitioner is incarcerated. Petitioner’s failure to name the correct party deprives

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ORDER TO FILE AN AMENDED PETITION OR
MOTION TO CHANGE THE CASE CAPTION - 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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Petitioner is ordered to file either an amended petition or a motion asking the Court to

4 change the case caption and name a proper respondent. Petitioner’s pleading must be filed on or
5 before May, 23, 2014 or the Court will recommend dismissal of this petition for failure to
6 prosecute and failure to comply with a Court order.
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Dated this 14th day of April, 2014.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO FILE AN AMENDED PETITION OR
MOTION TO CHANGE THE CASE CAPTION - 2