Opinion
2:24-cv-00128-TMC-GJL
02-16-2024
ABDULKADIR OSMAN GARGAR, Petitioner, v. STATE OF WASHINGTON, Respondent.
ORDER FOR SERVICE, ANSWER, AND SUBSTITUTION OF RESPONDENT, § 2254 PETITION
GRADY J. LEUPOLD, UNITED STATES MAGISTRATE JUDGE
This is a federal habeas action filed under 28 U.S.C. § 2254. Having reviewed the Petition (Dkt. 5), the Court ORDERS the following:
(1) Substitution of Respondent
Petitioner named the State of Washington as Respondent. Dkt. 5. However, the proper respondent to a habeas petition is the “person who has custody over [the petitioner].” 28 U.S.C. §§ 2242 and 2243; Brittingham v. United States, 982 F.2d 378 (9th Cir. 1992); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitioner is currently housed at Western State Hospital and the Chief Executive Officer of that facility is Mark Thompson. Accordingly, the Clerk of Court is directed to SUBSTITUTE Mark Thompson as the Respondent in this action. The Clerk is also directed to UPDATE the case title.
(2) Service
The Clerk shall arrange for service, by first class mail upon Respondent and by e-mail upon the Attorney General of the State of Washington, of copies of the Petition, any other documents filed in support of the Petition, and this Order. The Clerk shall also direct a copy of this Order and of the Court's pro se instruction sheet to Petitioner.
(3) Answer
Within forty-five (45) days after such service, Respondent shall file and serve an answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District Courts. As part of such answer, Respondent shall state whether Petitioner has exhausted available state remedies and whether an evidentiary hearing is necessary. Respondent shall not file a dispositive motion in place of an answer without first showing cause as to why an answer is inadequate. Respondent shall file the answer with the Clerk of the Court and serve a copy of the answer on Petitioner.
Respondent shall file the answer with the Clerk of the Court and shall serve a copy upon Petitioner. The answer will be treated in accordance with LCR 7. Accordingly, on the face of the answer, Respondent shall note it for consideration on the fourth Friday after filing. Petitioner may file and serve a response not later than the Monday immediately preceding the Friday designated for consideration of the matter, and Respondent may file and serve a reply not later than the Friday designated for consideration of the matter.
(4) Filing by Parties, Generally
All attorneys admitted to practice before this Court are required to file documents electronically via the Court's CM/ECF system. Petitioner may continue to file a paper original with the Clerk of Courts. All filings, whether filed electronically or in traditional paper format, must indicate in the upper right-hand corner the name of the Magistrate Judge to whom the document is directed.
Any document filed with the Court must be accompanied by proof that it has been served upon all parties that have entered a notice of appearance in the underlying matter.
(5) Motions
Any request for court action shall be set forth in a motion, properly filed and served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of the motion itself and not in a separate document. The motion shall include in its caption (immediately below the title of the motion) a designation of the date the motion is to be noted for consideration on the Court's motion calendar.
(6) Direct Communications with District Judge or Magistrate Judge
No direct communication is to take place with the District Judge or Magistrate Judge regarding this case. All relevant information and papers are to be directed to the Clerk.