Johnson v. Williams et al

Filing 5

ORDER denying 3 Motion for Appointment of Counsel ; ORDER denying 4 Motion for Hearing; This action is DISMISSED without prejudice. Certificate of appealability is DENIED. Signed by Judge Richard F. Boulware, II on 4/12/2018.; Case terminated. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAUSTEVEION JOHNSON,

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Case No. 2:18-cv-00497-RFB-NJK

Petitioner,

ORDER

v.
BRIAN WILLIAMS, et al.,
Respondents.

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Petitioner Lausteveion Johnson has submitted a pro se habeas corpus petition

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but he has failed to submit an application to proceed in forma pauperis or pay the filing

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fee. Accordingly, this matter has not been properly commenced. 28 U.S.C. §

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1915(a)(2) and Local Rule LSR1-2.

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The court further notes that it is unclear that petitioner states any claims that are

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cognizable on federal habeas review and that it appears that his state-court

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proceedings are ongoing. See Nevada Supreme Court Case No. 74775. A federal

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court will not grant a state prisoner’s petition for habeas relief until the prisoner has

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exhausted his available state remedies for all claims raised. Rose v. Lundy, 455 U.S.

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509 (1982); 28 U.S.C. § 2254(b). A petitioner must give the state courts a fair

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opportunity to act on each of his claims before he presents those claims in a federal

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habeas petition. O’Sullivan v. Boerckel, 526 U.S. 838, 844 (1999); see also Duncan v.

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Henry, 513 U.S. 364, 365 (1995). A claim remains unexhausted until the petitioner has

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given the highest available state court the opportunity to consider the claim through
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direct appeal or state collateral review proceedings. See Casey v. Moore, 386 F.3d

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896, 916 (9th Cir. 2004); Garrison v. McCarthey, 653 F.2d 374, 376 (9th Cir. 1981).

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This federal petition shall be dismissed without prejudice to petitioner filing a new

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federal habeas petition, in a new case with a new case number and a new, completed

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application to proceed in forma pauperis with the required financial information or the

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$5.00 filing fee.

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IT IS THEREFORE ORDERED that the Clerk shall file and ELECTRONICALLY

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SERVE the petition (ECF No. 1-1) on the respondents, for informational purposes only.

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IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada

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Attorney General, as counsel for respondents.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice as
improperly commenced.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel

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(ECF No. 3) and motion for evidentiary hearing (ECF No. 4) are both DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and

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close this case.

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DATED: April 12, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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