Dick Sky v. Bruno Stolc

MEMORANDUM

Dick Sky appeals the district court’s dismissal with prejudice of his 28 U.S.C. § 2254 habeas petition for failure to name the proper respondent. Sky named as respondent Bruno Stoic, the warden of the private correctional facility where he was being held. Stoic filed a motion to dismiss for lack of personal jurisdiction, arguing that he was not the proper respondent because he was not a “state officer who has custody” as required by the Rules Governing [28 U.S.C.] § 2254 Cases. The district court dismissed Sky’s petition with prejudice after Sky failed to amend to name the proper respondent, Alaska Commissioner of Corrections Joseph Schmidt. Whether a habeas petitioner has named the proper respondent is reviewed de novo. Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir.1996). Failure to name the proper respondent strips the district court of personal jurisdiction. Id.

Rule 2(a) of the Rules Governing § 2254 Cases states that “[i]f the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody.” Sky concedes that Stoic is not a state officer, but argues that Stoic remains the proper…