It is not unusual for habeas petitioners, even those represented by counsel, to sue the wrong defendant (respondent). For example, in Holland v. Florida, No. 09-5327, pending in the Supreme Court, the named respondent is the State of Florida, even though the State is immune from suit under the Eleventh Amendment. "[T]he proper respondent is the warden of the facility where the prisoner is being held...." Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004).

Government attorneys usually don't make a big deal of this, but here is a clever gambit that may have occurred to some. Wait for the statute of limitations to expire, move to dismiss the incorrect respondent, and then defend against an amendment naming the correct respondent on statute of limitations grounds. Would that work?

Fuhgeddaboudit. See Krupski v. Costa Crociere S. p. A., decided today by the U.S. Supreme Court.

No, not Officer Krupke of West Side Story.