Green v. McDaniel et al

Filing 17

ORDER Petitioner shall have 30 days to file amended petition to correct deficiencies in attached order. Clerk shall send petitioner two copies of 2254 petition form with instructions and two copies of 16 amended petition submitted (sent 4/4/13). Signed by Judge Howard D. McKibben on 4/3/13. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 JAMES HENRY GREEN, 9 Petitioner, 3:11-cv-00161-HDM-VPC 10 vs. ORDER 11 12 13 ELDON K. MCDANIEL, et al., Respondents. 14 15 16 This habeas action comes before the Court for initial review of the amended petition (#16) under Rule 4 of the Rules Governing Section 2254 Cases. 17 Petitioner has presented his amended petition in three “sections” that each constitute 18 a separate pleading, with a separate caption and signature block, but with three grounds each 19 per “section,” numbered as Ground 1 through Ground 9. Even if the Court were to overlook 20 the unorthodox manner in which petitioner has presented the amended grounds, the third 21 “section” is not signed. Given that petitioner must correct the failure to sign, he will be 22 directed to file one single amended petition containing all of his grounds in one pleading. 23 Petitioner need not rewrite the entire amended petition. Petitioner may use copies of 24 some of the prior pages by assembling the following materials into a single amended petition 25 in the following fashion: (1) new pages 1-2; (2) a copy of Grounds 1 through 3 with the 26 exhaustion-inquiry pages; (3) a copy of Grounds 4 through 6 with the exhaustion-inquiry 27 pages; (4) a copy of Grounds 7 through 9 with the exhaustion-inquiry pages; and (5) a new 28 signature page with both the petition and the declaration signed. IT THEREFORE IS ORDERED that petitioner shall have thirty (30) days within which 1 2 to file an amended petition that corrects the deficiencies identified in this order. 3 IT FURTHER IS ORDERED that petitioner shall clearly title any amended petition filed 4 in response to this order as an amended petition by placing the word "AMENDED" 5 immediately above "Petition for a Writ of Habeas Corpus" on page 1 in the caption and shall 6 place the docket number, 3:11-cv-00161-HDM-VPC, above the word "AMENDED." Under 7 Local Rule LR 15-1, the amended petition must be complete in itself without reference to 8 previously filed papers. Thus, the claims and allegations that are stated in the amended 9 petition will be the only matters remaining before the Court. Any claims or allegations that are 10 left out of the amended petition or that are not re-alleged therein no longer will be before the 11 Court. 12 The Clerk of Court shall send petitioner two copies of a noncapital Section 2254 13 petition form together with one copy of the instructions for same along with two copies of all 14 three sections of the amended petition that he submitted. 15 DATED: April 3, 2013. 16 17 18 19 _________________________________ HOWARD D. MCKIBBEN United States District Judge 20 21 22 23 24 25 26 27 28 -2-

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