Opinion
CASE NO. C13-5337 RJB-JRC
05-10-2013
DAVID DOUGLAS MOELLER, Petitioner, v. STATE OF WASHINGTON, Respondent.
ORDER TO AMEND THE PETITION
The District Court has referred this petition for a writ of habeas corpus to United States Magistrate Judge, J. Richard Creatura. The Court's 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. Petitioner filed the petition pursuant to 28 U.S.C. § 2254.
Petitioner names the State of Washington as respondent. The proper respondent is "the person having custody of the person detained." 28 U.S.C. § 2243. Petitioner needs to name a natural person -- not a governmental entity. 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 of personal jurisdiction. See Stanley v. California Supreme Court, 21F.3d 359, 360 (9th Cir. 1994).
The Court Orders that petitioner file an amended petition or a motion to change the case caption. Petitioner's amended petition or motion will be due on or before June 14, 2013.
Failure to comply with this order will result in a Report and Recommendation that this action be dismissed for failure to comply with a court order and lack of in personam jurisdiction over respondent.
The Clerk is directed to mail a copy of this Order to petitioner and note the June 14, 2013, deadline on the Court's calendar.
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J. Richard Creatura
United States Magistrate Judge