Delgado v. Attorney General of the State of Nevada

Filing 4

ORDER that the clerk shall send petitioner a petition for writ of habeas corpus, instructions for writ of habeas corpus, and a copy of his original petition. Petitioner is granted 30 days to file an amended petition. Signed by Judge James C. Mahan on 7/11/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ORLANDO DELGADO,
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Petitioner,
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vs.
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ATTORNEY GENERAL
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OF THE STATE OF NEVADA,
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Respondent.
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____________________________________/

2:11-cv-00583-JCM-LRL
ORDER

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Petitioner has submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. §

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2254 and the $5.00 filing fee. However, the petition for writ of habeas corpus submitted in this

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action is not written on the form required by this court for petitioners proceeding pro se. A pro se

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habeas corpus petitioner is required to use the court’s approved form for filing actions pursuant to 28

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U.S.C. § 2254. Local Rules of Special Proceedings 3-1 (“[a] petition for writ of habeas corpus, filed

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by a person who is not represented by an attorney, shall be on the form provided by this court.”).

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The court will provide petitioner with the approved form for filing a pro se habeas corpus petition.

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Petitioner shall be allowed an additional period of time within which to file with the court a proposed

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habeas corpus petition using the form provided by the court. If petitioner fails to submit his petition

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using the court approved form, this action will be dismissed and closed.

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IT IS THEREFORE ORDERED that the clerk SHALL SEND petitioner the

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approved form for filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, as well

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as the document “Information and Instructions for Filing a Petition for Writ of Habeas Corpus

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Pursuant to 28 U.S.C. § 2254.” Petitioner is GRANTED thirty (30) days from the date of the entry

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of this order within which to file an amended petition with this court. Petitioner’s failure to file an

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amended petition, on the approved form provided by this court, may result in dismissal of this action.

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IT IS FURTHER ORDERED that the clerk SHALL SEND petitioner a copy of his
original petition (ECF No. 1).

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11th
Dated this ______ day of July, 2011.

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___________________________________
UNITED STATES DISTRICT JUDGE

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