Reed v. Gentry et al

Filing 8

ORDER. IT IS ORDERED that 1 the application to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that the Clerk shall detach and file the petition 1 -1. IT IS FURTHER ORDERED that the petition is DISMISSED with leave to amend in conf ormance with this order. Petitioner shall file his amended petition within sixty (60) days of the date of this order. IT IS FURTHER ORDERED that the Clerk shall send to petitioner one copy of this court's form § 2254 habeas petition (not death), one copy of the information and instructions for filing a § 2254 habeas petition, and one copy of the papers petitioner has filed in this action. IT IS FURTHER ORDERED that 3 petitioner's Rule 6 motion for leave to conduct di scovery is DENIED without prejudice. IT IS FURTHER ORDERED that 5 petitioner's motion to extend time to file his financial certificate is DENIED as moot, as petitioner has complied with 4 the Court's order and filed the completed fina ncial certificate. 6 -1. The Court will construe 6 petitioner's Motion for Leave to File as a Motion to File,and GRANTS the Motion. Signed by Judge Richard F. Boulware, II on 10/25/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MAX REED, II,

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Case No. 2:17-cv-00648-RFB-PAL
Petitioner,

ORDER

v.
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JO GENTRY,

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Respondent.

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Petitioner Max Reed, II has submitted a form for a pro se petition for writ of habeas
corpus, pursuant to 28 U.S.C. § 2254 (ECF No. 1-1). Petitioner’s application to proceed
in forma pauperis (ECF No. 1) shall be granted.

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While petitioner completed the first two pages of the form, he failed to set forth any

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grounds for relief. Instead, he referred to the motion for stay and abeyance that he also

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submitted. However, petitioner may not seek a stay without an underlying federal petition

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to stay. He claims that he does not have full access to his state-court records. Yet he

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also indicates that he filed a direct appeal and a state postconviction petition and appeal

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of the denial of that petition. The Court grants petitioner leave to file an amended petition

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that sets forth his federal habeas grounds and briefly sets forth the factual basis for each

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ground.

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The Court notes that petitioner is not required to file exhibits in support of his

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petition at this time. Moreover, when the court directs respondents to file a response to

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Reed’s petition, Habeas Rule 5 provides that respondents shall provide relevant portions

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of the state-court record.
IT IS THEREFORE ORDERED that the application to proceed in forma pauperis

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(ECF No. 1) is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall detach and file the petition (ECF

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No. 1-1).

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IT IS FURTHER ORDERED that the petition is DISMISSED with leave to amend

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in conformance with this order. Petitioner shall file his amended petition within sixty (60)

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days of the date of this order.

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IT IS FURTHER ORDERED that the Clerk shall send to petitioner one copy of this

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court’s form § 2254 habeas petition (not death), one copy of the information and

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instructions for filing a § 2254 habeas petition, and one copy of the papers petitioner has

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filed in this action.

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IT IS FURTHER ORDERED that petitioner is expressly advised that failure to file

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an amended petition in conformance with this order shall result in the dismissal of this

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action.

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IT IS FURTHER ORDERED that petitioner’s Rule 6 motion for leave to conduct

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discovery (ECF No. 3) is DENIED without prejudice. As stated above, respondents shall

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provide relevant portions of the state-court record when they are served and file a

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response.

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IT IS FURTHER ORDERED that petitioner’s motion to extend time to file his

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financial certificate (ECF No. 5) is DENIED as moot, as petitioner has complied with the

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Court’s order (ECF No. 4) and filed the completed financial certificate. (ECF No. 6-1). The

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Court will construe petitioner’s Motion for Leave to File (ECF No. 6) as a Motion to File,
and GRANTS the Motion.
DATED: 25 October 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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