Crain v. Nevada Parole and Probation et al

Filing 4

ORDER dismissing 1 Petition. Signed by Judge Jennifer A. Dorsey on 3/6/2018., Case terminated. (Copies have been distributed pursuant to the NEF - JM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Steven Christopher Crain, 2:18-cv-00382-JAD-CWH 5 Petitioner Order Dismissing Case 6 v. 7 Nevada Parole and Probation, et al., 8 [ECF No. 1] Respondents 9 10 Pro se petitioner Steven Crain petitions for a writ of habeas corpus under 28 U.S.C. § 11 2254, seeking relief from his conviction in Nevada state court for attempted lewdness with a 12 minor in Case No. 00C166673.1 This is not Crain’s first attempt to challenge his 13 conviction—it’s his fourth.2 His first two challenges were dismissed as untimely under 28 14 U.S.C. § 2244(d),3 and the third was dismissed as successive.4 The court referred the dismissed- 15 as-successive petition to the Ninth Circuit for consideration as an application to file a second or 16 successive petition, and the Ninth Circuit denied it. 17 “[D]ismissal of a section 2254 petition for failure to comply with the statute of limitations 18 renders subsequent petitions second or successive for purposes of . . . 28 U.S.C. § 2254(b).”5 19 Crain must first obtain authorization from the Court of Appeals before I can consider this 20 21 22 1 23 2 24 25 ECF No. 1. See Crain v. Nevada Parole and Probation, case no. 2:09-cv-1099-RLH-PAL; Crain v. State of Nevada, case no. 2:11-cv-2014-ECR-VCF; Crain v. Nevada Parole and Probation, case no. 2:14-cv-1056-GMN-NJK. 3 See ECF No. 5 in 2:09-cv-1099-RLH-PAL; ECF No. 2 in 2:11-cv-2014-ECR-VCF. 4 See ECF No. 9 in 2:14-cv-1056-GMN-NJK. 5 McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2009). 26 27 28 1 petition.6 Because Crain has not yet obtained that authorization, I lack jurisdiction over his 2 petition. 3 I also note that although Crain alleges in ground 2 that Nevada parole and probation 4 officers—and counselors working with them—have violated his constitutional rights in various 5 ways, he does not appear to be asserting these as standalone claims. He cites to these alleged 6 violations as bases for overturning his conviction and seeks only habeas relief. Crain seems to be 7 seeking monetary damages for these claims in a separate civil action.7 In light of the relief 8 sought here compared to that other action, I do not construe this petition as anything more than a 9 petition for a writ of habeas corpus under 28 U.S.C. § 2254. 10 11 Accordingly, IT IS HEREBY ORDERED that Crain’s petition [ECF No. 1] is DISMISSED for lack of jurisdiction. 12 The Clerk of Court is directed to ADD Adam P. Laxalt, Attorney General for the State 13 of Nevada, as counsel for respondents. The Clerk of Court is also directed to electronically 14 SERVE respondents with a copy of the petition and this order. Respondents do not need to 15 respond. Finally, the Clerk of Court is directed to CLOSE THIS CASE. 16 DATED: March 6, 2018. 17 _______________________________ _____________________ _ ___ _ _____ __ _ __ ____ U.S. District Judge Jennifer A. D District Judge Jennifer A Dorsey s t d ni ni 18 19 20 21 22 23 24 25 26 27 6 28 U.S.C. § 2244(b)(3). 28 7 See ECF No. 5 in 2:16-cv-406-JAD-PAL. 2

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