Brown v. Curtin, No. 2:2009cv14850 - Document 61 (E.D. Mich. 2011)
Court Description: OPINION AND ORDER denying 59 Motion to Add Respondent. Signed by District Judge Patrick J. Duggan. (MOre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILLIP A. BROWN II, # 271566, Petitioner, v. Case Number: 09-CV-14850 Honorable Patrick J. Duggan CINDI CURTIN, Respondent. _________________________________/ ORDER DENYING WITHOUT PREJUDICE PETITIONER S MOTION TO ADD RESPONDENT Petitioner has filed a motion to amend the case caption to reflect that his current custodian is David Bergh, Warden of the Thumb Correctional Facility. Pursuant to the Rules Governing Section 2254 Cases, a petition must name as respondent the state officer with custody of the petitioner. However, pursuant to an opinion and order issued by this Court on October 7, 2010, this matter is stayed due to continuing state-court matters. If the matter is subsequently re-opened, the Court will, at Petitioner s renewed request, amend the case caption to reflect his then current custodian. As that individual may change from now until that time, the Court finds it unnecessary to currently amend the case caption. Accordingly, IT IS ORDERED, that Petitioner s Motion to Add Respondent is DENIED WITHOUT PREJUDICE. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Dated: April 15, 2011 Copy to: Phillip Brown, #271566 Thumb Correctional Facility 3225 John Conley Drive Lapeer, MI 48446 AAG Raina I. Korbakis
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