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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Delarian K. Wilson, 2:16-cv-02989-JAD-GWF 5 Petitioner 6 v. 7 Nevada Department of Corrections, et al., 8 Order Denying Petition with Leave to Amend Respondents 9 10 Delarian K. Wilson has submitted a § 2254 petition and has paid the filing fee. Having 11 reviewed Wilson’s petition under Habeas Rule 4, I deny the petition without prejudice and with 12 leave to amend and give Wilson until May 20, 2017, to file an amended petition using this court’s 13 approved form and streamlining his allegations. 14 Though the first three pages of Wilson’s petition are on this court’s approved form or 15 substantially follow it, the remainder of the 174-page filing does not. Wilson does not clearly set 16 forth his claims for relief but instead attaches numerous state-court briefs and orders. I therefore 17 deny Wilson’s petition without prejudice and with leave to amend. If Wilson chooses to file an 18 amended petition, he must do so on this court’s approved form and follow the form instructions. 19 Wilson is not required to file exhibits in support of his petition at this time. If, after screening, I 20 direct respondents to file a response to Wilson’s amended petition, respondents will be required to 21 provide the relevant portions of the state-court record. 22 Accordingly, IT IS HEREBY ORDERED that the petition [ECF Nos. 1, 1-1] is DENIED 23 without prejudice and with leave to amend. Wilson must file an amended petition by May 20, 2017. 24 If Wilson fails to file an amended petition by this deadline, this action will be dismissed without 25 further notice. 26 27 28 1 IT IS FURTHER ORDERED that the Clerk is directed to SEND to Wilson one copy of the 2 court’s form § 2254 petition (non-death) and instructions for the same and one copy of the papers 3 Wilson has filed in this action. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated this 6th day of April, 2017. _________________________________ Jennifer A. Dorsey United States District Judge

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