Elliot v. Jackson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 ROBERT FRED ELLIOT, CASE NO. 3:25-cv-05781-JHC-GJL 11 Petitioner, v. ORDER FOR SERVICE, ANSWER, 12 AND SUBSTITUTION OF EDDIE REETZ, RESPONDENT, § 2254 PETITION Respondent.

15 This is a federal habeas action filed under 28 U.S.C. § 2254. Having reviewed the Petition (Dkt. 8), the Court ORDERS the following: 17 (1) Substitution of Respondent 18 Petitioner named Eddie Reetz, Superintendent of Clallam Bay Correctional Center (“CBCC”) as Respondent. Dkt. 8. However, the proper respondent to a habeas petition is the “person who has custody over [the petitioner].” 28 U.S.C. §§ 2242 and 2243; Brittingham v. United States, 982 F.2d 378 (9th Cir. 1992); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). It appears Petitioner is no longer in CBCC custody and has been transferred to Washington State Penitentiary (“WSP”). See Dkt. 6. Accordingly, the Clerk of Court is directed to SUBSTITUTE Rob Jackson, Superintendent of WSP, as the Respondent in this action. The Clerk is further directed to UPDATE the case title.

3 (2) Service 4 The Clerk shall arrange for service, by e-mail upon Respondent and upon the Attorney General of the State of Washington, of copies of the Petition, any other documents filed in support of the Petition, and this Order. The Clerk shall also direct a copy of this Order and of the Court’s pro se instruction sheet to Petitioner.

8 (3) Answer 9 Within forty-five (45) days after such service, Respondent shall file and serve an answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District Courts. As part of such answer, Respondent shall state whether Petitioner has exhausted available state remedies and whether an evidentiary hearing is necessary. Respondent shall not file a dispositive motion in place of an answer without first showing cause as to why an answer is inadequate. Respondent shall file the answer with the Clerk of the Court and serve a copy of the answer on Petitioner.

16 The answer will be treated in accordance with LCR 7. Accordingly, on the face of the answer, Respondent shall note it for consideration no earlier than 28 days after filing. Petitioner may file and serve a response not later than 21 days after the filing date of the answer, and Respondent may file and serve a reply not later than 28 days after the filing date of the answer.

20 (4) Filing by Parties, Generally 21 All attorneys admitted to practice before this Court are required to file documents electronically via the Court’s CM/ECF system. Petitioner shall file all documents electronically.

1 All filings must indicate in the upper right hand corner the name of the magistrate judge to whom the document is directed.

3 Any document filed with the Court must be accompanied by proof that it has been served upon all parties that have entered a notice of appearance in the underlying matter. Petitioner shall indicate the date the document is submitted for e-filing as the date of service.

6 (5) Motions 7 Any request for court action shall be set forth in a motion, properly filed and served.

8 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of the motion itself and not in a separate document. The motion shall include in its caption (immediately below the title of the motion) a designation of the date the motion is to be noted for consideration on the Court’s motion calendar.

12 (6) Direct Communications with District Judge or Magistrate Judge 13 No direct communication is to take place with the District Judge or Magistrate Judge with regard to this case. All relevant information and papers are to be directed to the Clerk.

15 Dated this 17th day of September, 2025.

A 18 Grady J. Leupold United States Magistrate Judge