ORDER
J. RICHARD CREATURA, Magistrate Judge.
Petitioner, who is proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Dkt. 5. Before the Court are three motions filed by petitioner: (1) motion to amend case caption (Dkt. 8); (2) motion to amend petition (Dkt. 9); and
(3) motion to compel for information (Dkt. 10). The Court denies petitioner's motion to amend case caption (Dkt. 8) and motion to compel for information (Dkt. 10). The Court grants petitioner's motion to amend petition (Dkt. 9) and directs petitioner to file an amended petition on or before January 30, 2020.
A. Motion to Amend Case Caption (Dkt. 8)
Petitioner now moves for the Court to amend the case caption to the State of Washington as respondent. Dkt. 8.
In his Petition, Petitioner named the Jeffrey Uttecht as Respondent. Dkt. 5. 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.
Accordingly, Jeffrey A. Uttecht is the proper respondent in this action. Petitioner's motion to amend the case caption (Dkt. 8) is denied.
B. Motion to Amend Petition (Dkt. 9)
Plaintiff moves for leave to amend his petition to add claims and factual allegations. Dkt. 9. Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure,
(1) Amending as a Matter of Course A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) Other Amendments
In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.
The motion to amend is petitioner's first motion and he has not previously amended his petition in this case. Petitioner filed the motion to amend before respondent filed an answer or responsive pleading. See Dkt. Therefore, petitioner has the right to amend his petition as a matter of course pursuant to Rule 15(a)(1)(B). Accordingly, petitioner's motion to amend (Dkt. 9) is granted.
Petitioner has not attached a proposed amended petition to his motion to amend. Dkt. 9. To amend his petition, petitioner must file an amended petition on the form provided by the Court. If petitioner fails to file an amended petition by January 30, 2020 the Court will proceed on the original petition.
The Clerk is directed to send petitioner the appropriate forms for filing a 28 U.S.C. § 2554 habeas corpus petition.
C. Motion to Compel for Information (Dkt. 10)
Petitioner moves for the Court to order respondent to present the bill of indictment by a grand jury. Dkt. 10. Petitioner argues that if respondent cannot provide the legal cause for petitioner's restraint, petitioner asks for immediate release from confinement. Dkt. 10. Petitioner argues that his current incarceration is illegal. Id.
The Court interprets petitioner's motion to compel information (Dkt. 10) as a request for the Court to rule on the petition. However, as discussed above, the Court grants petitioner leave to file an amended petition on or before January 26, 2020. Therefore, the petition is not ripe for the Court's review at this time. Upon filing of the amended petition, the Court will screen the amended petition and file an amended briefing schedule as necessary.
Therefore, the Court denies the motion to compel information (Dkt. 10) as moot without prejudice.
Petition for Relief From a Conviction or Sentence By a Person in State Custody
(Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus)
Instructions
1. To use this form, you must be a person who is currently serving a sentence under a judgment against you in a state court. You are asking for relief from the conviction or the sentence. This form is your petition for relief.
2. You may also use this form to challenge a state judgment that imposed a sentence to be served in the future, but you must fill in the name of the state where the judgment was entered. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. § 2255 in the federal court dial entered the judgment.
3. Make sure the form is typed or neatly written.
4. You must lell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury.
5. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a brief or arguments, you must submit them in a separate memorandum.
6. You must pay a fee of $5. If the fee is paid, your petition will be filed. If you cannot pay the fee, you may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out the last page of this form. Also, you must submit a certificate signed by an officer at the institution where you arc confined showing the amount of money that the institution is holding for you. If your account exceeds $_________, you must pay the filing fee.
7. In this petition, you may challenge the judgment entered by only one court. If you want to challenge a judgment cnlcrcd by a different court (cither in the same state or in different states), you must file a separate petition.
8. When you have completed the form, send the original and ______ copies to the Clerk of the United States District Court at this address:
Clerk, United States District Court for
Address
City, State Zip Code
If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the court to file-stamp it and return it to you. NOTE: If you arc housed at a Department of Corrections facility subject to the Prisoner Electronic Filing Initiative pursuant to General Orders 02-15 and 06-16, you may fulfill this mailing requirement by submitting your documents to the appropriate person at your facility who will transmit your documents electronically to the US District court. Your facility will receive documents filed in your case electronically on your behalf.
9. CAUTION: You must include in this petition all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel.
