Sean A. Fairweather v. Bainbridge, et al.

Summary

The United States District Court for the Middle District of Pennsylvania screens Sean A. Fairweather’s second amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court dismisses all respondents except the superintendent of the facility where Fairweather is currently confined, substitutes Jasen Bohinski for Timothy Betti, and directs service of the amended and supplemental petitions on Bohinski.

Holdings

1. A § 2254 habeas petition generally must name the person who has custody over the petitioner, ordinarily the petitioner's warden or other immediate custodian who can produce the petitioner's body before the habeas court.
2. When a habeas petitioner is transferred to another correctional facility, the court may substitute the new facility's superintendent or other appropriate immediate custodian and dismiss the other named respondents as parties.

Questions Presented

1. Who is the proper respondent in a federal habeas petition under § 2254?
2. Whether the court should substitute the superintendent of the facility where the petitioner was then confined for the previously named warden and dismiss the other named respondents under Rule 4.

Disposition

other