Ackerman v. Obenland

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CASE NO. 3:21-CV-05110-JCC-DWC Petitioner, ORDER v.

Respondent.

Petitioner who is proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Dkt. 3. In his Petition, Petitioner named the State of Washington as Respondent. See id. 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, Petitioner is currently confined at Monroe Corrections Center (“MCC”) in Monroe, Washington. See Dkt. 3. The Superintendent of MCC is Mike Obenland. Accordingly, the Clerk of Court is directed to substitute Mike Obenland as the Respondent in this action. The Clerk of Court is also directed to update the case title. Dated this 11th day of March, 2021. A David W. Christel United States Magistrate Judge