Combs v. Clark County Prosecuting Attorney's Office - Document 15
ORDER directing Substitution of Party. Jeffrey A Uttecht added. Spokane County District Attorney, Steve Tucker, Clark County Prosecuting Attorney's Office and Arthur D Curtis terminated. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Petitioner)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
EDDIE J. COMBS,
No. C11-5884 RBL/KLS
ORDER DIRECTING SUBSTITUTION OF
ARTHUR D. CURTIS, SPOKANE
COUNTY DISTRICT ATTORNEY, STEVE
TUCKER, and CLARK COUNTY
PROSECUTING ATTORNEYS OFFICE,
Mr. Combs has filed a proposed petition for writ of habeas corpus naming various
individuals including the Spokane and Clark County prosecuting attorneys as Respondents. ECF
No. 1-1. On December 16, 2011, Mr. Combs was ordered to pay the $5.00 filing fee and to
amend his petition to name the proper Respondent. ECF No. 8. Mr. Combs has paid the $5.00
filing fee (TAC009420). He submitted a largely illegible “amended” petition, but refuses to
name his current custodian because that custodian is not the custodian of the case for which he
has filed his petition.
The proper respondent to a habeas petition is the “person who has custody over [the
petitioner].” 28 U.S.C. § 2242; see also § 2243; Brittingham v. United States, 982 F.2d 378 (9th
Cir. 1992); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). According to his petition, Mr.
Combs is currently confined at the Coyote Ridge Corrections Center. The Superintendent of the
Coyote Ridge Corrections Center is Jeffrey A. Uttecht. Although Mr. Combs believes that his
ORDER - 1
custodian, for purposes of his petition, is the person who had custody of him in 1990, this is
incorrect. After the petition is served on his current custodian, the Attorney General for the State
of Washington will file an answer to Mr. Combs’ habeas petition on behalf of the State of
Washington regarding Mr. Combs’ 1990 Clark County Superior Court sentence.
Accordingly, the Clerk of Court is directed to substitute Jeffrey A. Uttecht as the
Respondent in this action. The Clerk is also directed to docket Mr. Combs’ proposed petition
(now docketed as ECF No. 1-1) as the petition under which this case shall proceed, and shall
send copies of this Order to Petitioner and counsel for Respondent.
DATED this 27th day of January, 2012.
Karen L. Strombom
United States Magistrate Judge
ORDER - 2