MORTENSEN v. BUTTE COUNTY SUPERIOR COURT

No. 2:16 cv 02187 MCE AC.

STEVEN LEE MORTENSEN, Petitioner, v. BUTTE COUNTY SUPERIOR COURT, Respondent.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Steven Lee Mortensen, Petitioner, Pro Se.


ORDER

ALLISON CLAIRE, Magistrate Judge.

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. He has not, however, filed a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Petitioner will be provided the opportunity to submit a certified copy of his prison trust account statement or the proper filing fee.

Additionally, the court notes that the proper respondent in a habeas corpus action is the petitioner's custodian. See 28 U.S.C. § 2242; Rumsfeld v. Padilla, 542 U.S. 426, 435-36 (2004). Petitioner has named the Butte County Superior Court as the respondent in this action. Accordingly, the court will substitute the Warden of the Deuel Vocational Institution — K. Seibel, as respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

In accordance with the foregoing, IT IS HEREBY ORDERED that:

1. Petitioner shall submit, within thirty days after the filing date of this order, a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint or the proper filing fee.

2. K. Seibel, Warden of the Deuel Vocational Institution, is substituted as respondent to this action.


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