White v. Uttecht

Filing 8

ORDER SUBSTITUTING RESPONDENT- Jeffrey A. Uttecht replaces State of Washington as the Respondent in this Action- re 6 Petition for Writ of Habeas Corpus; signed by Magistrate Judge David W. Christel. (GMR- cc: petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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9 TONY KIM WHITE,
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Petitioner,
v.

12 STATE OF WASHINGTON,
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CASE NO. 3:15-CV-05495-BHS-DWC
ORDER SUBSTITUTING
RESPONDENT

Respondent.

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Petitioner Tony Kim White, who is proceeding pro se and in forma pauperis, filed a

16 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. In his Petition, Petitioner
17 named the State of Washington as Respondent. The proper respondent to a habeas petition is the
18 “person who has custody over [the petitioner].” 28 U.S.C. § 2242; see also § 2243; Brittingham
19 v. United States, 982 F.2d 378 (9th Cir. 1992); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir.
20 1989). According to his Motion to Proceed In Forma Pauperis, Petitioner is currently confined at
21 Coyote Ridge Corrections Center in Connell, Washington. See Dkt. 1, p. 2. The Superintendent
22 of the Coyote Ridge Corrections Center is Jeffrey A. Uttecht.
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ORDER SUBSTITUTING RESPONDENT - 1

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Accordingly, the Clerk of Court is directed to substitute Jeffrey A. Uttecht as the

2 Respondent in this action. The Clerk shall send copies of this Order to Petitioner.
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Dated this 22nd day of July, 2015.

A

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David W. Christel
United States Magistrate Judge

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ORDER SUBSTITUTING RESPONDENT - 2