Christensen v. Baca et al

Filing 6

ORDER directing Clerk to file the petition and motion for appointment of counsel; deferring decision on the motion for appointment of counsel; permitting Petitioner to file an amended petition; directing Clerk to send Petitioner four copies of 2254 form, one set of instructions, and a copy of the petition he submitted (mailed 8/26/2014). Signed by Judge Robert C. Jones on 8/26/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEREK CHRISTENSEN,
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3:14-cv-00157-RCJ-VPC
Petitioner,

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vs.

ORDER

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ISIDRO BACA, et al.,
Respondents.

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This habeas action comes before the Court for initial review of the petition under Rule

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4 of the Rules Governing Section 2254 Cases (the “Habeas Rules”). The filing fee has been

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paid.

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Habeas pleading is not notice pleading, and a habeas petitioner must state the specific

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facts that allegedly entitle him to habeas relief. See Mayle v. Felix, 545 U.S. 644, 655-56

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(2005). The habeas pleading rules require more than "mere conclusions of law, unsupported

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by any facts." Mayle, 545 U.S. at 655. A habeas petitioner instead must "state facts that

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point to a real possibility of constitutional error." Id.

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Just as a pleading can say too little, a pleading also can say too much and/or with

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insufficient clarity. As the Ninth Circuit has observed in an analogous context, there is no

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authority supporting the proposition that a pleading may be of unlimited length or opacity.

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Knapp v. Hogan, 738 F.3d 1106, 1109 (9th Cir. 2013). Prolix and confusing filings impose

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unfair burdens on litigants and judges, as such filings make it difficult to identify and

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appropriately address claims. Id.

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Moreover, Instruction No. (C)(6) for the Court's required habeas petition form states,

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with the following emphasis: "YOU MAY ALLEGE THE VIOLATION OF ONLY ONE

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CONSTITUTIONAL RIGHT PER GROUND." A petitioner therefore may not combine multiple

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constitutional violations in a single ground. A petitioner in particular may not combine a claim

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of trial court error in the same ground with a claim of ineffective assistance of counsel, even

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if there are factual allegations common to both claims. If factual allegations support more

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than one ground, petitioner may adopt and incorporate factual allegations from one ground

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in another ground.

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In the present case, petitioner's pleading is not overly long and prolix overall. The

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pleading is not sufficiently clear, however, with regard to clearly distinguishing between

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grounds based upon alleged trial court error, grounds based upon alleged ineffective

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assistance of trial counsel, and any grounds based upon alleged ineffective assistance of

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appellate counsel. Petitioner may not combine such claims within a single ground. Petitioner

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must assert such claims in separate grounds so that the Court and respondents will be able

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to clearly identify and appropriately address the claims, which, inter alia, potentially are

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subject to different procedural rules and defenses.

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If petitioner again combines multiple violations within a single ground in an amended

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petition, the Court will disregard all alleged constitutional violations after the first constitutional

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violation alleged, for failure to comply with the instructions for the form and the Court's order.

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IT THEREFORE IS ORDERED that the Clerk shall file the petition and accompanying

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motion for appointment of counsel, with the Court deferring action on the latter motion at this

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time.

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IT FURTHER IS ORDERED that petitioner shall clearly title any amended petition filed

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in response to this order as an amended petition by placing the word "AMENDED"

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immediately above "Petition for a Writ of Habeas Corpus" on page 1 in the caption and shall

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place the docket number, 3:14-cv-00157-RCJ-VPC above the word "AMENDED." Under

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Local Rule LR 15-1, the amended petition must be complete in itself without reference to

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previously filed papers. Thus, the claims and allegations that are stated in the amended
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petition will be the only matters remaining before the Court. Any claims or allegations that are

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not re-alleged therein no longer will be before the Court.

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If petitioner does not timely file an amended petition, a final judgment dismissing this

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action will be entered without further advance notice for failure to comply with the local rules

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and order of the Court. If the amended petition does not correct the deficiencies identified

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in this order and/or otherwise does not state a claim upon which relief may be granted, a final

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judgment dismissing this action will be entered. Moreover, if petitioner again combines

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multiple constitutional claims in a single ground, all constitutional claims after the first claim

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alleged in the ground will be disregarded.

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The Clerk of Court shall SEND petitioner four copies of a noncapital § 2254 petition

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form together with one copy of the instructions for same and a copy of the petition that he

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submitted.

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DATED:

August 26, 2014.

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____________________________________
ROBERT C. JONES
United States District Judge

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