Bagby v. Uttecht

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA DAVID BAGBY, CASE NO. 3:20-CV-05988-BJR-DWC 11 Petitioner, ORDER 12 v. JEFFREY A UTTECHT, 14 Respondent.

Petitioner David Bagby, who is proceeding in forma pauperis and pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Dkt. 5. 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 Coyote Ridge Corrections Center (“CRCC”) in Connell, Washington. See Dkt. 5. The Superintendent of CRCC is Jeffrey A. Uttecht.

1 Accordingly, the Clerk of Court is directed to substitute Jeffrey A. Uttecht as the Respondent in this action. The Clerk of Court is also directed to update the case title.

3 Dated this 12th day of November, 2020.

A David W. Christel 6 United States Magistrate Judge