DeCastro v. LeGrand et al

Filing 8

ORDER re 7 Letter. Clerk shall send to petitioner one copy of 4 petition (sent via USPS 12/31/14). Signed by Judge Robert C. Jones on 12/30/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CASTRO V. DECASTRO,
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Petitioner,

Case No. 3:14-cv-00529-RCJ-WGC

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vs.

ORDER

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ROBERT LEGRAND, et al.,
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Respondents.
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Before the court is petitioner’s letter requesting a copy of his petition (#7). He explains that the
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inmate law clerk who assisted him failed to make a copy or advise petitioner to make a copy.
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Petitioner further states that the court directed him to add a claim. Petitioner is expressly
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advised that the court did not direct him to add any claims. The court advised him as follows: that a
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petition for federal habeas corpus should include all claims for relief of which petitioner is aware. If
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petitioner fails to include such a claim in his petition, he may be forever barred from seeking federal
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habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If petitioner is aware of
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any claim not included in his petition, he should notify the court of that as soon as possible, perhaps by
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means of a motion to amend his petition to add the claim. Specifically, the court notes that petitioner
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sets forth nine grounds in his petition. At the end of the nine grounds, he states “also, see attached:
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direct appeal and postconviction habeas for additional grounds and arguments” (#1-1, p. 19). Petitioner

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is expressly advised that this vague reference to “additional grounds” does not state any additional

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grounds in this petition. Currently before the court are the nine grounds set forth on pages 3-19 of the

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petition. No other grounds or arguments are before the court. If petitioner seeks to include any other

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grounds, he shall take action as described above as soon as possible.

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IT THEREFORE IS ORDERED that the Clerk SHALL SEND to petitioner one copy of his
petition (#4).
Dated this 30thday of December, 2014.
Dated, this ___ day of December, 2014.
___________________________________
UNITED STATES DISTRICT JUDGE

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