Stickrod v. State Of Nevada et al

Filing 3

ORDERED that the clerk shall send petitioner a blank motion to proceed in forma pauperis form with instructions. Petitioner shall have 30 days to file an amended motion for leave to proceed in forma pauperis or to have the full $5 .00 filing fee sent to the clerk. Clerk shall send petitioner a blank §2254 form with instructions. Petitioner shall have 45 days within which to refile a revised petition using only the court approved form. Signed by Judge James C. Mahan on 10/19/11. (Copies have been distributed pursuant to the NEF; extra copy of order to P; §2254 form w/instructions; ifp form w/instructions - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LISA STICKROD,

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Petitioner,
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vs.
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STATE OF NEVADA, et al.,
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Respondents.
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____________________________________/

2:11-cv-01430-JCM-GWF
ORDER

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Petitioner has submitted a document to the court in which she appears to challenge her

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criminal conviction in state court and the effectiveness of her counsel during her criminal proceedings.

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(ECF No. 2.) Accordingly, the court construes this action as a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. However, petitioner has failed to simultaneously submit either a motion for leave

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to proceed in forma pauperis or payment of the $5.00 filing fee. Petitioner shall be sent a motion for

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leave to proceed in forma pauperis form, should she wish to apply for pauper status, and alternatively

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given an opportunity to pay the requisite filing fee.

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Additionally, the petition for writ of habeas corpus submitted in this action is not written

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on the form required by this court for petitioners proceeding pro se. A pro se habeas corpus petitioner

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is required to use the court’s approved form for filing actions pursuant to 28 U.S.C. § 2254. Local Rules

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of Special Proceedings 3-1. The court will provide petitioner with the approved form for filing a pro

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se habeas corpus petition. Petitioner shall be allowed an additional period of time within which to file

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with the court a proposed habeas corpus petition using the form provided by the court. If petitioner fails

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to provide the court with her petition using the court approved forms, this action may be dismissed and

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closed.

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IT IS THEREFORE ORDERED that the clerk shall send to petitioner a new motion

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for leave to proceed in forma pauperis form and instructions therefor. Petitioner shall have thirty (30)

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days from the date of entry of this order within which to file an amended motion. Failure to so amend

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may result in the dismissal of this action. Alternatively, petitioner shall have thirty (30) days from the

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date of entry of this order within which to have the full $5.00 filing fee sent to the clerk. Failure to do

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so may result in the dismissal of this action.

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IT IS FURTHER ORDERED that the clerk shall send petitioner two copies of this

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order. If petitioner chooses not to submit a new motion for leave to proceed in forma pauperis, then

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petitioner is ordered to make the necessary arrangements to have one copy of this order attached to the

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check in the amount of the full $5.00 filing fee within thirty (30) days from the date of entry of this

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order.

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IT IS FURTHER ORDERED that the clerk shall send petitioner a set of forms for filing

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§ 2254 actions in this court, together with instructions for filing such forms. Petitioner shall have forty-

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five (45) days from the date of the entry of this order within which to file a revised petition using only

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the court approved form. If petitioner fails to comply with this directive, this action shall be dismissed

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and closed.

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19th
Dated this ______ day of October, 2011.

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___________________________________
UNITED STATES DISTRICT JUDGE

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