Martinez v. North Dakota Attorney General

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Joshua Brock Martinez, 	)
)
Petitioner, 	) 	ORDER
vs. 	)
)
North Dakota Attorney General, 	) 	Case No. 1:26-cv-066
)
Respondent. 	)
On March 10, 2026, Petitioner filed a “Petition Under 28 U.S.C. 2254 for Writ of Habeas
Corpus by a Person in State Custody.” In the caption of the petition, Petitioner advertently neglected
to identify the proper Respondent, i.e., the person who presently has custody of him.
Rule 2 of the Rules Governing Section 2254 Cases provides: “If the applicant is presently
in custody pursuant to the state judgment in question, the application shall be in the form of a
petition for a writ of habeas corpus in which the state officer having custody of the applicant shall
be named as respondent.”
It is apparent from the petition and the envelope in which it was mailed that Petitioner is
presently incarcerated at the North Dakota State Penitentiary on a state court sentence. Joseph Joyce
is the Warden of the North Dakota State Penitentiary, making him the state officer who has custody
of Petitioner for purposes of Rule 2. Plaintiff’s failure to name Warden Joyce as Respondent is a
technical error. In the interest of justice and in reaching the merits of the petition, the court sua
sponte substitutes Warden Joyce as Respondent in this matter. See e.g, Allen v. Warden, Pickaway
Corr. Inst., No. 3:22-CV-133, 2024 WL 808832, at *2 (S.D. Ohio Feb. 27, 2024) (sua sponte
substituting the proper respondent in a petition for a writ of habeas corpus under 28 U.S.C. §2254);
Cf. Mayorga v. Meade, No. 24-CV-22131, 2024 WL 4298815, at *3 (S.D. Fla. Sept. 26, 2024) (sua
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sponte ordering the substitution of the proper respondent in a petition for a writ of habeas corpus
pursuant to 28 U.S.C. 2241).
IT IS SO ORDERED.
Dated this 11th day of March, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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