Hughes v. Nevada Department Of Corrections et al

Filing 3

ORDER GRANTING 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORD that the Clerk shall retain but not file the petition for writ of habeas corpus (docket # 1 -1) at this time. FURTHER ORD that the Clerk shall send P a blank p etition for writ of habeas corpus form with instructions along with one copy of his current petition (docket # 1 -1). ( Docs mailed to P 6/7/2011 ) FURTHER ORD that P's new petition on the form provided by the Clerk due by 7/6/2011. FURTHER ORD that P is expressly warned that failure to file a new petition on the form may result in dismissal of this action without prejudice. Signed by Judge Edward C. Reed, Jr on 6/6/2011. ( Amended Petition due by 7/6/2011.) (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MICHAEL RAY HUGHES,
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Petitioner,
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vs.
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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Respondents.
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3:11-cv-00355-ECR-VPC
ORDER

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Michael Ray Hughes, a Nevada prisoner, has submitted an application to proceed in
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forma pauperis (docket #1), as well as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. §
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2254 (docket #1-1).
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Petitioner’s application to proceed in forma pauperis (docket #1) is granted.
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However, with respect to the petition, the Local Rules of Special Proceedings provide
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that such petition “shall be on the form supplied by the court or shall contain all of the information
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required in the Model Form for Use in Applications for Habeas Corpus under 28 U.S.C. § 2254.” LSR
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3-1. This petition is not on the court’s form; the lack of form and lack of organization make it difficult
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for the court to discern whether petitioner has included all the required information. Additionally, the
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information that petitioner has included thus far raises concerns that he may not have exhausted his state
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remedies at this time. Accordingly, the Clerk shall send to petitioner a blank form for application for
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writ of habeas corpus. Petitioner has thirty (30) days from the date this Order is entered to file a new

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petition on the form. Petitioner is cautioned that failure to file a new petition on the form may result in

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dismissal of this action without prejudice.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma
pauperis (docket #1) is GRANTED.
IT IS FURTHER ORDERED that the Clerk shall retain but not file the petition for writ
of habeas corpus (docket #1-1) at this time.

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IT IS FURTHER ORDERED that the Clerk shall send to petitioner a blank petition for

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writ of habeas corpus form with instructions along with one copy of his current petition (docket #1-1).

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IT IS FURTHER ORDERED that petitioner has thirty (30) days from the date this

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Order is entered to file a new petition on the form provided by the Clerk.
IT IS FURTHER ORDERED that petitioner is expressly warned that failure to file a
new petition on the form may result in dismissal of this action without prejudice.

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6th
Dated, this ___ day of June, 2011.

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___________________________________
UNITED STATES DISTRICT JUDGE

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