Contreras-Rebollar v. Key

Filing 6

ORDER to file an amended petition by 8/28/15 signed by Judge J Richard Creatura. (MET) cc: petitioner with form

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ADRIAN CONTRERAS-REBOLLAR,

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Petitioner,

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ORDER TO FILE AN AMENDED
PETITION

v.

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CASE NO. 3:15-CV-05471-BHS-JRC

U.S.,
Respondent.
The District Court referred this petition for a writ of habeas corpus to United States
Magistrate Judge J. Richard Creatura pursuant to 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
pursuant to 28 U.S.C. § 2254.
Petitioner has named only the United States 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 this Court

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ORDER TO FILE AN AMENDED PETITION - 1

1 of personal jurisdiction. See Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir.
2 1994).
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Petitioner is ordered to file an amended petition. Petitioner’s pleading must be filed on or

4 before August 28, 2015 or the Court will recommend dismissal of this petition for failure to
5 prosecute and failure to comply with a Court order.
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Dated this 21st day of July, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO FILE AN AMENDED PETITION - 2