Otiker v. Uttecht ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 ANDREW OTIKER, CASE NO. C20-6151 RSL-DWC 11 Petitioner, ORDER 12 v. 13 WASHINGTON STATE, 14 Respondent. 15 16 Petitioner, who is proceeding pro se and in forma pauperis, filed a Petition for Writ of 17 Habeas Corpus (“the Petition”) pursuant to 28 U.S.C. § 2254. Dkt. 5. In his Petition, Petitioner 18 named the State of Washington as Respondent. See id. The proper respondent to a habeas 19 petition is the “person who has custody over [the petitioner].” 28 U.S.C. § 2242; see also § 2243; 20 Brittingham v. United States, 982 F.2d 378 (9th Cir. 1992); Dunne v. Henman, 875 F.2d 244, 249 21 (9th Cir. 1989). According to his Petition, Petitioner is currently confined at Coyote Ridge 22 Corrections Center (“CRCC”) in Connell, Washington. See Dkt. The Superintendent of CRCC is 23 Jeffrey A. Uttecht. 24 1 Accordingly, the Clerk of Court is directed to substitute Jeffrey A. Uttecht as the 2 Respondent in this action. The Clerk of Court is also directed to update the case title. 3 4 Dated this 15th day of July, 2021. 5 A 6 David W. Christel 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24