Bayard v. State Of Nevada et al

Filing 3

ORDER DISMISSING CASE. A petition pursuant to 28 U.S.C. § 2255 may not be used to challenge an unfavorable outcome of a petition pursuant to 28 U.S.C. § 2254, THEREFORE IT IS ORDERED that this action is DISMISSED with prejudice. Signed by Judge Robert C. Jones on 10/19/2010. (Copies have been distributed pursuant to the NEF - KO)

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 UNITED STATES DISTRICT JUDGE 24 25 26 This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255 in which petitioner, a state prisoner, is proceeding pro se. Petitioner states in his petition that he wishes to challenge the judgment in Bayard v. Skolnik, 3:09-cv-00476-RCJ-VPC, a habeas corpus petition pursuant to 28 U.S.C. § 2254. That petition was dismissed by this court on June 9, 2010. A petition pursuant to 28 U.S.C. § 2255 may not be used to challenge an unfavorable outcome of a petition pursuant to 28 U.S.C. § 2254. IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice DATED: This 19th day of October, 2010. vs. NEVADA, STATE OF, et al., Respondents. ANTWON MAURICE BAYARD, Petitioner, ) ) ) ) ) ) ) ) ) /

3: 10-cv-00518-RCJ-VPC ORDER