Johnson v. Johnson et al

Filing 17

ORDER DENYING 11 Petition for Writ of Mandamus, 12 Motion for Preliminary Injunction; and 16 Petition to Correct Prosecutorial Misconduct/Error. Signed by Judge Gloria M. Navarro on 6/7/2021. (Copies have been distributed pursuant to the NEF - DRS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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COREY JOHNSON,

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Petitioner,

Case No. 2:21-cv-00219-GMN-BNW
ORDER

v.
CALVIN JOHNSON, et al.,

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Respondents.

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This is a closed habeas corpus matter under 28 U.S.C. § 2254. After giving petitioner

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Johnson an opportunity to show cause, the court dismissed this action because Johnson had failed

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to exhaust his state-court remedies. ECF No. 13. Johnson has since filed a petition for a writ of

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mandamus (ECF No. 11), a petition for an emergency preliminary injunction (ECF No. 12), and a

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petition to correct prosecutorial misconduct or error (ECF No. 16).

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All of these petitions address the merits of Johnson's claims. None of them address the

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reason why the court dismissed this action, for Johnson's failure to exhaust his state-court

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remedies. The court cannot consider Johnson's claims until he has exhausted those remedies. 28

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U.S.C. § 2254(b). The court thus denies these petitions.

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To the extent that a certificate of appealability is necessary, reasonable jurists would not

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find the court's conclusion to be debatable or wrong. The court will not issue a certificate of

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appealability.
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IT THEREFORE IS ORDERED that petitioner's petition for a writ of mandamus (ECF
No. 11) is DENIED.
IT FURTHER IS ORDERED that petitioner's petition for an emergency preliminary
injunction (ECF No. 12) is DENIED.
IT FURTHER IS ORDERED that petitioner's petition to correct prosecutorial misconduct
or error (ECF No. 16) is DENIED.
DATED: June 7, 2021

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______________________________
GLORIA M. NAVARRO
United States District Judge

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