Gillespie

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES M. HARRISON,  No. 08-16602 Petitioner-Appellant, D.C. No. v.  2:08-cv-00802-RCJ-

DOUGLAS GILLESPIE, RJJ

Respondent-Appellee.  OPINION

Appeal from the United States District Court for the District of Nevada1 Robert Clive Jones, District Judge, Presiding

Argued August 10, 2009 Submitted August 14, 2009 San Francisco, California

Filed January 5, 2010

Before: Procter Hug, Jr., Stephen Reinhardt and Barry G. Silverman, Circuit Judges.

Opinion by Judge Reinhardt; Dissent by Judge Silverman 1 In our order granting Harrison’s request for a certificate of appeala- bility, we asked the parties to address “who they contend are the proper Respondents in this action.” Harrison responded to that order in his open- ing brief. He asserted that Sheriff Douglas Gillespie is his current custo- dian and the proper respondent in this action, and requested permission to amend his petition in order to cure his failure to name the proper respon- dent. The State did not respond to our order or…