Warren v. Masto et al

Filing 5

ORDER granting 1 IFP application; directing Clerk to file the petition and request to file longer petition; granting request to file longer petition; denying 4 request to transfer action to unofficial southern divisio n; directing Clerk to send 2254 form and instructions to Petitioner (mailed 11/20/2014) and to add the NV AG as counsel for respondents and e-serve respondents with a copy of petition and this order (NEFs sent 11/20/2014). Petitioner to file an amended petition. Respondents' counsel shall enter a notice of appearance within 20 days. See order for details. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - KR) Modified on 11/20/2014 (KR).

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DAVID THOMAS WARREN,

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Petitioner,

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vs.

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Case No. 3:14-cv-00479-RCJ-VPC

CATHERINE CORTEZ MASTO,

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ORDER

Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (#1), a request to file

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longer petition, and a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court

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finds that petitioner is unable to pay the filing fee.

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The court grants petitioner’s request to file a longer petition, but petitioner will need to file

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an amended petition. Petitioner has named Catherine Cortez Masto, the Attorney General of the

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State of Nevada, as sole respondent. That is incorrect. Petitioner needs to name as respondent the

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officer who has custody over him, which is the warden of the prison were he is held. Rule 2(a),

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Rules Governing Section 2254 Cases in the United States District Courts.

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Petitioner has submitted a letter (#4) asking the court to transfer this action to the unofficial

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southern division. The court denies the request. The court is capable of holding hearings in Las

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Vegas, if necessary, while still maintaining the action in the unofficial northern division.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (#1) is
GRANTED. Petitioner need not pay the filing fee of five dollars ($5.00).

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IT IS FURTHER ORDERED that the clerk of the court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 and the request to file longer petition.

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IT IS FURTHER ORDERED that the request to file longer petition is GRANTED.

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IT IS FURTHER ORDERED that petitioner’s request to transfer the action to the unofficial

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southern division (#4) is DENIED.
IT IS FURTHER ORDERED that the clerk of the court shall send petitioner a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254 form with instructions. Petitioner shall have

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thirty (30) days from the date that this order is entered in which to file an amended petition to

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correct the noted deficiency. Neither the foregoing deadline nor any extension thereof signifies or

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will signify any implied finding of a basis for tolling during the time period established. Petitioner

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at all times remains responsible for calculating the running of the federal limitation period and

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timely asserting claims. Failure to comply with this order will result in the dismissal of this action.

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IT IS FURTHER ORDERED that petitioner shall clearly title the amended petition as such

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by placing the word “AMENDED” immediately above “Petition for a Writ of Habeas Corpus

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Pursuant to 28 U.S.C. § 2254” on page 1 in the caption, and petitioner shall place the docket

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number, 3:14-cv-00479-RCJ-VPC, above the word “AMENDED.”

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney
General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a

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copy of the petition and this order. Respondents’ counsel shall enter a notice of appearance herein

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within twenty (20) days of entry of this order, but no further response shall be required from

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respondents until further order of the court.

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Dated:

November 19, 2014.

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_________________________________
ROBERT C. JONES
United States District Judge

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