Cady v. State Of Nevada

Filing 2

ORDERED that the clerk shall send petitioner a petition for a writ of habeas corpus pursuant to 28 USC § 2254 form with instructions. FURTHER ORDERED that this action is DISMISSED without prejudice for lack of jurisdiction. The clerk shall ente r judgment accordingly. FURTHER ORDERED that a certificate of appealability, to the extend that one is necessary, is DENIED. Signed by Judge Kent J. Dawson on 2/6/12. (Copies have been distributed pursuant to the NEF: h/c form w/instructions to petitioner - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANGELA CHRISTINE CADY,

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Petitioner,

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vs.

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Case No. 2:11-CV-01408-KJD-(CWH)

STATE OF NEVADA,

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ORDER

Respondent.

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Petitioner has submitted a notice of appeal from a decision of the Nevada Supreme Court.

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Two problems exist. First, petitioner has neither paid the filing fee nor submitted an application to

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proceed in forma pauperis. Second, this court lacks jurisdiction to consider an appeal from a

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judgment of a state court. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476,

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483 n.16 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 (1923). To the extent that

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petitioner seeks relief from a judgment of conviction of a state court, her sole federal remedy is

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through a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Preiser v. Rodriguez,

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411 U.S. 475, 500 (1973).

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IT IS THEREFORE ORDERED that the clerk of the court shall send petitioner a petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254 form with instructions.

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice for lack of

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jurisdiction. The clerk of the court shall enter judgment accordingly.

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///

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IT IS FURTHER ORDERED that a certificate of appealability, to the extent that one is
necessary, is DENIED.
DATED: February 6, 2012

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_________________________________
KENT J. DAWSON
United States District Judge

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