Bradford v. Johnson et al

Filing 3

ORDER. IT IS ORDERED that this action is dismissed without prejudice to the filing of a petition in a new action with either the $5.00 filing fee or a properly completed application form to proceed in forma pauperis. IT IS FURTHER ORDERED that a certificate of appealability is denied. IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each of an application form to proceed in forma pauperis for incarcerated persons, a Section 2241 form, and a noncapital Section 2254 habeas petition form (with a copy of the instructions for each form); and a copy of the papers that he submitted in this action. (Attached for distribution to P via HDSP law library.) IT IS FURTHER ORDERED that the Clerk shall enter judgm ent accordingly and close this case. Signed by Judge Kent J. Dawson on 1/8/2021. (Attachments: # 1 IFP Instructions/Form, # 2 IFP Instructions/Form, # 3 2241 Instructions/Form, # 4 2241 Instructions/Form, # 5 2254 Instructions/Form, # 6 2254 Instructions/Form, # 7 Initiating Documents) (Copies have been distributed pursuant to the NEF - MR)

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Case 2:21-cv-00025-KJD-DJA Document 3 Filed 01/08/21 Page 1 of 3 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 JULIUS BRADFORD, 9 10 11 12 Case No. 2:21-cv-00025-KJD-DJA Petitioner, v. ORDER CALVIN JOHNSON, et al., Respondents. 13 14 Petitioner Julius Bradford has submitted a document captioned as a petition for a 15 writ of habeas corpus. ECF No. 1-1. Bradford is currently awaiting re- trial in Clark 16 County, Nevada, after his prior conviction for first degree murder with use of a deadly 17 weapon was reversed on appeal. Claiming the state proceeding violates his 18 constitutional rights, he seeks habeas relief in this court. 19 As a general matter, a federal court will not entertain a habeas petition seeking 20 intervention in a pending state criminal proceeding, absent special circumstances. See, 21 e.g., Sherwood v. Tomkins, 716 F.2d 632, 634 (9th Cir. 1983); Carden v. Montana, 626 22 F.2d 82, 83 85 (9th Cir. 1980); Davidson v. Klinger, 411 F.2d 746 (9th Cir. 1969). This 23 rule of restraint ultimately is grounded in principles of comity that flow from the 24 abstention doctrine of Younger v. Harris, 401 U.S. 37 (1971). Under the Younger 25 1 26 27 28 Case 2:21-cv-00025-KJD-DJA Document 3 Filed 01/08/21 Page 2 of 3 1 abstention doctrine, federal courts may not interfere with pending state criminal 2 proceedings absent extraordinary circumstances. 3 The more immediate problem, however, is that Bradford did not file an 4 application to proceed in forma pauperis, nor did he pay the filing fee of five dollars 5 ($5.00). In addition, his petition is entirely hand-written rather than being submitted on a 6 court-approved form. See Local Rule, LSR 3-1 (requiring habeas petitioners to file their 7 petitions on the court’s approved form). Accordingly, this matter has not been properly 8 commenced. 9 Thus, the present action will be dismissed without prejudice to the filing of a 10 habeas petition pursuant to 28 U.S.C. § 2241 or § 2254 in a new action with either the 11 $5.00 filing fee or a completed application to proceed in forma pauperis on the proper 12 form with both an inmate account statement for the past six months and a properly 13 executed financial certificate. 14 IT IS THEREFORE ORDERED that this action is dismissed without prejudice to 15 the filing of a petition in a new action with either the $5.00 filing fee or a properly 16 completed application form to proceed in forma pauperis. 17 IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists 18 of reason would not find the court's dismissal of this improperly commenced action 19 without prejudice to be debatable or incorrect. 20 IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each 21 of an application form to proceed in forma pauperis for incarcerated persons, a Section 22 2241 form, and a noncapital Section 2254 habeas petition form (with a copy of the 23 instructions for each form); and a copy of the papers that he submitted in this action. 24 25 2 26 27 28 Case 2:21-cv-00025-KJD-DJA Document 3 Filed 01/08/21 Page 3 of 3 1 2 3 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. 8 January DATED THIS ___ day of ________, 2021. 4 5 KENT J. DAWSON UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 26 27 28

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