Conley v. Fraker
Filing
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ORDER to Amend the Petition to Change the Case Caption and Name a Proper Respondent, signed by Magistrate Judge J Richard Creatura. Motion/Amended Petition due on or before by 12/28/2012. (GMR: cc- petitioner)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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TAYLOR TOM CONLEY,
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Petitioner,
CASE NO. C12-5974 RJB-JRC
ORDER TO AMEND THE PETITION
TO CHANGE THE CASE CAPTION
v.
STATE OF WASHINGTON,
Respondent.
The District Court has referred this petition for a writ of habeas corpus to United States
Magistrate Judge, J. Richard Creatura. The 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. The petition is filed pursuant to 28 U.S.C. § 2254.
Petitioner has named only the State of Washington 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
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ORDER TO AMEND THE PETITION TO
CHANGE THE CASE CAPTION - 1
1 this Court of personal jurisdiction. See Stanley v. California Supreme Court, 21 F.3d 359, 360
2 (9th Cir. 1994).
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Petitioner is ordered to file a motion asking the Court to change the case caption and
4 name a proper respondent. Petitioner needs to identify the superintendent by name in his motion.
5 Petitioner’s motion must be filed on or before December 28, 2012.
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Dated this 30th day of November, 2012.
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A
J. Richard Creatura
United States Magistrate Judge
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ORDER TO AMEND THE PETITION TO
CHANGE THE CASE CAPTION - 2
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