Flores v. State of Nevada et al

Filing 3

ORDER Granting Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of the Court shall file the petition for a writ of habeas corpus. Petitioner shall have 30 days from the date that this order is entered in which to file an amended petition to correct the noted deficiencies. The Clerk shall add Catherine Cortez Masto, Attorney General for the State of Nevada, as counsel for respondents. Respondents' counsel shall enter a notice of appearance within 20 days of entry of this order. Signed by Chief Judge Gloria M. Navarro on 12/15/2014. (Copies have been distributed pursuant to the NEF - Petition for Writ form and instructions mailed to Petitioner - SLD)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JESUS I. FLORES,

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Petitioner,

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vs.

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Case No. 2:14-cv-01629-GMN-VCF

STATE OF NEVADA,

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ORDER

Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (#1) and a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court finds that petitioner is unable to pay

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the filing fee.

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The court has reviewed the petition pursuant to Rule 4 of the Rules Governing Section 2254

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Cases in the United States District Courts (“Habeas Rules”). Petitioner has not named the correct

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respondent. The correct respondent is the warden of the prison where plaintiff is in custody.

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Habeas Rule 2(a). Petitioner will need to file an amended petition to correct this defect. He will

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need to re-allege all his grounds for relief in the amended petition, or they will be waived. King v.

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Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (#1) is
GRANTED. Petitioner need not pay the filing fee of five dollars ($5.00).
IT IS FURTHER ORDERED that the Clerk of the Court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that the Clerk of the Court shall send petitioner a petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254 form with instructions. Petitioner shall have

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thirty (30) days from the date that this order is entered in which to file an amended petition to

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correct the noted deficiencies. Neither the foregoing deadline nor any extension thereof signifies or

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will signify any implied finding of a basis for tolling during the time period established. Petitioner

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at all times remains responsible for calculating the running of the federal limitation period and

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timely asserting claims. Failure to comply with this order will result in the dismissal of this action.
IT IS FURTHER ORDERED that petitioner shall clearly title the amended petition as such

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by placing the word “AMENDED” immediately above “Petition for a Writ of Habeas Corpus

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Pursuant to 28 U.S.C. § 2254” on page 1 in the caption, and petitioner shall place the docket

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number, 2:14-cv-01629-GMN-VCF, above the word “AMENDED.”

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IT IS FURTHER ORDERED that the Clerk shall add Catherine Cortez Masto, Attorney
General for the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a

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copy of the petition and this order. Respondents’ counsel shall enter a notice of appearance herein

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within twenty (20) days of entry of this order, but no further response shall be required from

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respondents until further order of the court.

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DATED this 15th day of December, 2014.

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_________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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