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 judgment 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)

Case 2:21-cv-00025-KJD-DJA Document 3 Filed 01/08/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JULIUS BRADFORD,

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Case No. 2:21-cv-00025-KJD-DJA
Petitioner,

v.

ORDER

CALVIN JOHNSON, et al.,
Respondents.

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Petitioner Julius Bradford has submitted a document captioned as a petition for a

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writ of habeas corpus. ECF No. 1-1. Bradford is currently awaiting re- trial in Clark

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County, Nevada, after his prior conviction for first degree murder with use of a deadly

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weapon was reversed on appeal. Claiming the state proceeding violates his

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constitutional rights, he seeks habeas relief in this court.

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As a general matter, a federal court will not entertain a habeas petition seeking

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intervention in a pending state criminal proceeding, absent special circumstances. See,

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e.g., Sherwood v. Tomkins, 716 F.2d 632, 634 (9th Cir. 1983); Carden v. Montana, 626

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F.2d 82, 83 85 (9th Cir. 1980); Davidson v. Klinger, 411 F.2d 746 (9th Cir. 1969). This

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rule of restraint ultimately is grounded in principles of comity that flow from the

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abstention doctrine of Younger v. Harris, 401 U.S. 37 (1971). Under the Younger

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Case 2:21-cv-00025-KJD-DJA Document 3 Filed 01/08/21 Page 2 of 3

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abstention doctrine, federal courts may not interfere with pending state criminal

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proceedings absent extraordinary circumstances.

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The more immediate problem, however, is that Bradford did not file an

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application to proceed in forma pauperis, nor did he pay the filing fee of five dollars

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($5.00). In addition, his petition is entirely hand-written rather than being submitted on a

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court-approved form. See Local Rule, LSR 3-1 (requiring habeas petitioners to file their

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petitions on the court’s approved form). Accordingly, this matter has not been properly

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commenced.

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Thus, the present action will be dismissed without prejudice to the filing of a

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habeas petition pursuant to 28 U.S.C. § 2241 or § 2254 in a new action with either the

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$5.00 filing fee or a completed application to proceed in forma pauperis on the proper

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form with both an inmate account statement for the past six months and a properly

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executed financial certificate.

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IT IS THEREFORE ORDERED that this action is dismissed without prejudice to

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the filing of a petition in a new action with either the $5.00 filing fee or a properly

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completed application form to proceed in forma pauperis.

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IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists

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of reason would not find the court's dismissal of this improperly commenced action

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without prejudice to be debatable or incorrect.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each

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of an application form to proceed in forma pauperis for incarcerated persons, a Section

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2241 form, and a noncapital Section 2254 habeas petition form (with a copy of the

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instructions for each form); and a copy of the papers that he submitted in this action.

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Case 2:21-cv-00025-KJD-DJA Document 3 Filed 01/08/21 Page 3 of 3

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.
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January
DATED THIS ___ day of ________, 2021.

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KENT J. DAWSON
UNITED STATES DISTRICT JUDGE

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