Sorenson v. United States District Court

Filing 3

ORDER that the Clerk shall send petitioner a copy of the form petition pursuant to 28 U.S.C. § 2254 along with the instructions therefor. Petitioner shall complete the petition and return it to this court within thirty (30) days of the date of entry of this order.Petitioners failure to do so will result in the dismissal of this action. Signed by Judge Gloria M. Navarro on 11/1/2010. (Attachments: # 1 Petition, # 2 Instructions)(Copies have been distributed pursuant to the NEF - SD)

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Sorenson v. United States District Court Doc. 3 Att. 1 Name Prison Number Place of Confinement UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Petitioner, ) (Full Name) ) vs. ) ) , Respondent, ) (Name of Warden, Superintendent, jailor or ) authorized person having custody of petitioner) ) ) and ) ) The Attorney General of the State of Nevada ) , CASE NO. (To be supplied by the Clerk) PETITION FOR A WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2254 BY A PERSON IN STATE CUSTODY ( NOT SENTENCED TO DEATH) ----------------------------------------------1. 2. 3. 4. Name and location of court, and name of judge, that entered the judgment of conviction you are challenging: Full date judgment of conviction was entered: Did you appeal the conviction? Yes / / . (month/day/year) / / . No. Date appeal decided: . Did you file a petition for post-conviction relief or petition for habeas corpus in the state court? Yes No. If yes, name the court and date the petition was filed: / / . Did you appeal from the denial of the petition for Yes No. Date the appeal post-conviction relief or petition for writ of habeas corpus? was decided: / / state supreme court? 5. Yes . Have all of the grounds stated in this petition been presented to the No. If no, which grounds have not? . / / . Date you are mailing (or handing to correctional officer) this petition to this court: Attach to this petition a copy of all state court written decisions regarding this conviction. Dockets.Justia.com 6. the Is this the first federal petition for writ of habeas corpus challenging this conviction? No. If no, what was the prior case number ? denied on the merits or / No. / . Yes prior action filed? Was the prior action one). Date of decision: prior petition? Yes . . And in what court was dismissed for procedural reasons (check Are any of the issues in this petition raised in the Yes Yes No. No. . If the prior case was denied on the merits, has the Ninth Circuit Court of Appeals given you permission to file this successive petition? 7. any court regarding the conviction that you are challenging in this action? If yes, state the name of the court and the nature of the proceedings: 8. 9. 10. 11. 12. Case number of the judgment of conviction being challenged: Length and terms of sentence(s): Start date and projected release date: What was (were) the offense(s) for which you were convicted: Do you have any petition, application, motion or appeal (or by any other means) now pending in . . . . What was your plea? Guilty Not Guilty Nolo Contendere. If you pleaded guilty . or nolo contendere pursuant to a plea bargain, state the terms and conditions of the agreement: 13. Who was the attorney that represented you in the proceedings in state court? Identify whether the attorney was appointed, retained, or whether you represented yourself pro se (without counsel). Name of Attorney Appointed Retained Pro se arraignment and plea trial/guilty plea sentencing direct appeal 1st post-conviction petition appeal from post conviction 2nd post-conviction petition appeal from 2nd post-conviction 2 State concisely every ground for which you claim that the state court conviction and/or sentence is unconstitutional. Summarize briefly the facts supporting each ground. You may attach up to two extra pages stating additional grounds and/or supporting facts. You must raise in this petition all grounds for relief that relate to this conviction. Any grounds not raised in this petition will likely be barred from being litigated in a subsequent action. GROUND 1 I allege that my state court conviction and/or sentence are unconstitutional, in violation of my Amendment right to based on these facts: , . Exhaustion of state court remedies regarding Ground 1: 3 < Direct Appeal: Yes No. If no, explain why not: . Did you raise this issue on direct appeal from the conviction to the Nevada Supreme Court? < First Post Conviction: Yes No. If no, explain why not: . date petition filed Yes No. If no, explain why not: . Yes No. If no, explain why not: . / / . Did you raise this issue in a petition for post conviction relief or state petition for habeas corpus? If yes, name of court: Did you receive an evidentiary hearing? Court? Yes No. Did you appeal to the Nevada Supreme If yes, did you raise this issue? < Second Post Conviction: Yes No. If yes, explain why: . date petition filed Yes No. If no, explain why not: . Yes No. If no, explain why not: . / / . Did you raise this issue in a second petition for post conviction relief or state petition for habeas corpus? If yes, name of court: Did you receive an evidentiary hearing? Court? Yes No. Did you appeal to the Nevada Supreme If yes, did you raise this issue? < Other Proceedings: Yes No. If yes, . Have you pursued any other procedure/process in an attempt to have your conviction and/or sentence overturned based on this issue (such as administrative remedies)? explain: State concisely every ground for which you claim that the state court conviction and/or sentence is 4 unconstitutional. Summarize briefly the facts supporting each ground. You may attach up to two extra pages stating additional grounds and/or supporting facts. You must raise in this petition all grounds for relief that relate to this conviction. Any grounds not raised in this petition will likely be barred from being litigated in a subsequent action. GROUND 2 I allege that my state court conviction and/or sentence are unconstitutional, in violation of my Amendment right to based on these facts: , . Exhaustion of state court remedies regarding Ground 2: < Direct Appeal: 5 Did you raise this issue on direct appeal from the conviction to the Nevada Supreme Court? Yes < No. If no, explain why not: . First Post Conviction: Yes No. If no, explain why not: . date petition filed Yes No. If no, explain why not: . Yes No. If no, explain why not: . / / . Did you raise this issue in a petition for post conviction relief or state petition for habeas corpus? If yes, name of court: Did you receive an evidentiary hearing? Court? Yes No. Did you appeal to the Nevada Supreme If yes, did you raise this issue? < Second Post Conviction: Yes No. If yes, explain why: . date petition filed Yes No. If no, explain why not: . Yes No. If no, explain why not: . / / . Did you raise this issue in a second petition for post conviction relief or state petition for habeas corpus? If yes, name of court: Did you receive an evidentiary hearing? Court? Yes No. Did you appeal to the Nevada Supreme If yes, did you raise this issue? < Other Proceedings: Yes No. If yes, . Have you pursued any other procedure/process in an attempt to have your conviction and/or sentence overturned based on this issue (such as administrative remedies)? explain: State concisely every ground for which you claim that the state court conviction and/or sentence is unconstitutional. Summarize briefly the facts supporting each ground. You may attach up to two 6 extra pages stating additional grounds and/or supporting facts. You must raise in this petition all grounds for relief that relate to this conviction. Any grounds not raised in this petition will likely be barred from being litigated in a subsequent action. GROUND 3 I allege that my state court conviction and/or sentence are unconstitutional, in violation of my Amendment right to based on these facts: , . Exhaustion of state court remedies regarding Ground 3: < Direct Appeal: Did you raise this issue on direct appeal from the conviction to the Nevada Supreme Court? 7 Yes < No. If no, explain why not: . First Post Conviction: Yes No. If no, explain why not: . date petition filed Yes No. If no, explain why not: . Yes No. If no, explain why not: . / / . Did you raise this issue in a petition for post conviction relief or state petition for habeas corpus? If yes, name of court: Did you receive an evidentiary hearing? Court? Yes No. Did you appeal to the Nevada Supreme If yes, did you raise this issue? < Second Post Conviction: Yes No. If yes, explain why: . date petition filed Yes No. If no, explain why not: . Yes No. If no, explain why not: . / / . Did you raise this issue in a second petition for post conviction relief or state petition for habeas corpus? If yes, name of court: Did you receive an evidentiary hearing? Court? Yes No. Did you appeal to the Nevada Supreme If yes, did you raise this issue? < Other Proceedings: Yes No. If yes, . Have you pursued any other procedure/process in an attempt to have your conviction and/or sentence overturned based on this issue (such as administrative remedies)? explain: WHEREFORE, petitioner prays that the court will grant him such relief to which he is entitled in this federal petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 by a person in state custody. 8 (Name of person who wrote this complaint if not Plaintiff ) (Signature of Plaintiff) (Date) (Signature of attorney, if any) (Attorney's address & telephone number) DECLARATION UNDER PENALTY OF PERJURY I understand that a false statement or answer to any question in this declaration will subject me to penalties of perjury. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT. See 28 U.S.C. 1746 and 18 U.S.C. 1621. Executed at (Location) on (Date) . (Signature) (Inmate prison number) 9

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