Wilson v. Nevada Department of Corrections et al

Filing 3

ORDER that the 1 , 1-1 Petition for Writ of Habeas Corpus is Denied without prejudice and with leave to amend. Wilson must file an amended petition by 5/20/2017. Signed by Judge Jennifer A. Dorsey on 4/6/2017. (Copies have been distributed pursuant to the NEF - 2254 instructions/form, and original Petition mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Delarian K. Wilson,
2:16-cv-02989-JAD-GWF

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Petitioner

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v.

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Nevada Department of Corrections, et al.,

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Order Denying Petition with Leave to
Amend
Respondents

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Delarian K. Wilson has submitted a § 2254 petition and has paid the filing fee. Having

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reviewed Wilson’s petition under Habeas Rule 4, I deny the petition without prejudice and with

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leave to amend and give Wilson until May 20, 2017, to file an amended petition using this court’s

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approved form and streamlining his allegations.

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Though the first three pages of Wilson’s petition are on this court’s approved form or

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substantially follow it, the remainder of the 174-page filing does not. Wilson does not clearly set

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forth his claims for relief but instead attaches numerous state-court briefs and orders. I therefore

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deny Wilson’s petition without prejudice and with leave to amend. If Wilson chooses to file an

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amended petition, he must do so on this court’s approved form and follow the form instructions.

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Wilson is not required to file exhibits in support of his petition at this time. If, after screening, I

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direct respondents to file a response to Wilson’s amended petition, respondents will be required to

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provide the relevant portions of the state-court record.

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Accordingly, IT IS HEREBY ORDERED that the petition [ECF Nos. 1, 1-1] is DENIED

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without prejudice and with leave to amend. Wilson must file an amended petition by May 20, 2017.

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If Wilson fails to file an amended petition by this deadline, this action will be dismissed without

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further notice.

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IT IS FURTHER ORDERED that the Clerk is directed to SEND to Wilson one copy of the

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court’s form § 2254 petition (non-death) and instructions for the same and one copy of the papers

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Wilson has filed in this action.

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Dated this 6th day of April, 2017.
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Jennifer A. Dorsey
United States District Judge