Burriola v. Baca

Filing 4

ORDER - The Clerk shall retain the 1 -1 petition but not file it at this time. The Clerk shall send petitioner the approved habeas form and instructions (mailed 10/31/2013). Petitioner to file an amended petition within 30 days (due by 11/30/2013). Signed by Chief Judge Robert C. Jones on 10/30/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANTHONY BURRIOLA,
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Petitioner,
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vs.
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ISIDRO BACA, et al.,
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Respondents.
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3:13-cv-0574-RCJ-VPC
ORDER

Anthony Burriola, a Nevada prisoner currently being held in Ely State Prison, has filed a
petition for writ of habeas corpus (ECF No. 1-1). He has paid the filing fee (ECF No. 3).

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Petitioner attacks a prison disciplinary conviction which, he alleges, resulted in a sentence of

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four years in solitary confinement and lost of statutory time credits. Petitioner has not used the

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proper form as his petition must be brought pursuant to 28 U.S.C.§ 2254. See LSR 3-1. The clerk

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will be directed to send petitioner the proper form and petitioner will be given an opportunity to

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amend.

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IT IS THEREFORE ORDERED that the clerk shall retain the petition, but not file it at this
time.
IT IS FURTHER ORDERED that the Clerk shall SEND petitioner the approved form for

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filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, as well as the document

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“Information and Instructions for Filing a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C.

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§ 2254.” Petitioner is GRANTED thirty (30) days from the date of the entry of this order within

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which to file an amended petition with this Court. Petitioner’s failure to file an amended petition, on

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the approved form provided by this Court including all the necessary information and

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documentation, may result in dismissal of this action.

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Dated this 30th day of October, 2013.

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______________________________________
UNITED STATES CHIEF DISTRICT JUDGE

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