Nash v. State of Nevada

Filing 3

ORDER that this action is DISMISSED with prejudice as duplicative. To the extent necessary in this procedural context, a certificate of appealability is DENIED. The Clerk shall enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 2/9/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 NANCY E. NASH, 10 Case No. 2:16-cv-00819-RFB-GWF Petitioner, ORDER v. 11 STATE OF NEVADA, et al., 12 Respondents. 13 14 Petitioner Nancy E. Nash has submitted a pro se “informal brief,” and a motion for 15 leave to file a new petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF 16 Nos. 1-1, 1-2, 2). She has not filed an application to proceed in forma pauperis or paid 17 the filing fee. Thus, this case has not been properly commenced and is subject to 18 dismissal on that basis. 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. 19 Moreover, the court may take judicial notice of its docket, and Nash has another 20 habeas petition pending in this court challenging the same judgment of conviction, state 21 case no. C237504 (See ECF No. 1-2; 2:16-cv-00901-JCM-NJK). 22 “AEDPA generally limits a petitioner to one federal habeas corpus motion and 23 precludes “second or successive” habeas corpus petitions unless the petitioner meets 24 certain narrow requirements. The statute provides that a claim presented in a second or 25 successive habeas corpus application under section 2254 that was not presented in a 26 prior application shall be dismissed unless it relies on a new rule of constitutional law, 27 made retroactive to cases on collateral review by the Supreme Court, that was previously 28 unavailable or on newly discovered facts that show a high probability of actual innocence.” 1 1 2 3 4 5 6 7 8 9 10 Jones v. Ryan, 733 F.3d 825, 834 (9th Cir. 2013) (internal quotations and citations omitted). Accordingly, this petition is duplicative and is also dismissed on that basis. IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice as duplicative. IT IS FURTHER ORDERED that, to the extent necessary in this procedural context, a certificate of appealability is DENIED, as jurists of reason would not find the court’s dismissal of this duplicative action to be debatable or incorrect. IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. 11 DATED: 9 February 2017. 12 13 14 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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