Dixon v. Director Nevada State Prison et al

Filing 9

ORDER that Dixon has until July 9, 2018, to FILE a second-amended petition for a writ of habeas corpus that names the correct respondents. FURTHER ORDERED that Dixon must file his second-amended petition on this court's form rather than the document that he used for this first-amended petition.The Clerk of Court is directed to SEND to Dixon two copies of a noncapital § 2254 petition form, instructions for completing it, and one copy of his first-amended petition (ECF No. 7 ). Signed by Judge Jennifer A. Dorsey on 5/9/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Robert Dixon,

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Case No.: 2:17-cv-01636-JAD-GWF

Petitioner

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v.

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Order

Nevada Dept. of Parole and Probation, et al.,
Respondents

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Pro se petitioner and parolee Robert Dixon was convicted in 1989 of two counts of

10 trafficking a controlled substance, and he received a life sentence on each count. 1 An amended
11 judgment was entered, making Dixon eligible parole after 15 years on the first count and after 25
12 years on the second count. 2 He petitions for a writ of habeas corpus under 28 U.S.C. § 2254 and
13 argues that his continued custody on parole violates the Sixth and Fourteenth Amendments
14 because his sentence violates NRS 453.3395(2). 3
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This is Dixon’s second attempt to petition for relief in this case. When I screened

16 Dixon’s first petition, I found that he had not named the proper respondents, and I ordered him to
17 fix that deficiency in an amended petition by naming “his parole officer, the officer in charge of
18 the state parole agency, [and] the state attorney general as required by the petition form, and
19 possibly the official in charge of the state department of corrections.” 4 Dixon did not do so; his
20 amended petition still has the same incorrect-respondent deficiencies that I previously identified.
21 So, I give him one last chance to amend his petition and name the appropriate respondents.
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Accordingly, IT IS HEREBY ORDERED that Dixon has until July 9, 2018, to FILE a

23 second-amended petition for a writ of habeas corpus that names the correct respondents.
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ECF No. 7 at 3.

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Id.

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Id.

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ECF No. 1.
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1 Dixon MUST name his parole officer and the officer in charge of the parole agency in the
2 second-amended petition, otherwise this case will be DISMISSED without further prior
3 notice.
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IT IS FURTHER ORDERED that Dixon must file his second-amended petition on this

5 court’s form rather than the document that he used for this first-amended petition. Dixon’s first6 amended petition violates Local Rule LSR 3-1; violating the local rules may also lead to
7 dismissal of an action. Dixon is advised that he must sign both signature blocks at the end of
8 this court’s form habeas petition. He must also write the words “SECOND AMENDED”
9 immediately above “Petition for a Writ of Habeas Corpus” on page 1 in the caption, and he
10 must write the case number 2:17-cv-01636-JAD-GWF above the words “SECOND
11 AMENDED.”
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An amended petition must be complete in itself, and it must include all claims for relief

13 that the petitioner knows about. I will only consider claims in the second-amended petition.
14 This means that Dixon must include all claims from his original and first-amended petitions in
15 his second-amended petition if he wants me to consider them as bases for granting habeas relief.
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If Dixon fails to file a second-amended petition or files a second-amended petition

17 that still has any of the deficiencies that I have outlined in this order, this case will be
18 DISMISSED without further prior notice.
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The Clerk of Court is directed to SEND to Dixon two copies of a noncapital § 2254

20 petition form, instructions for completing it, and one copy of his first-amended petition (ECF No.
21 7).
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Dated: May 9, 2018
_______________________________
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U.S. District Judge Jennifer A. Dorsey
.S. District Judge Jennifer
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