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Darby v. Schuetzle

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION


September 14, 2010

VONNIE DARIN DARBY, PETITIONER,
v.
TIM SCHUETZLE, (FORMER) WARDEN, AND ROBYN SCHMALENBERGER, (SUCCESSOR) WARDEN, NORTH DAKOTA STATE PEN., RESPONDENTS.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER RE AMENDMENT TO CAPTION

Petitioner named Timothy Schuetzle, former Warden of the North Dakota State Penitentiary, as a respondent in this action. The court takes judicial notice of the fact that Timothy Schuetzle has retired and is no longer employed by the North Dakota Department of Corrections and Rehabilitation. Accordingly, the court on its own motion ORDERS that the caption of the above entitled action be hereafter amended to name Warden Robyn Schmalenberger as the sole respondent.

IT IS SO ORDERED.

20100914

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