Barnett v. State of Nevada

Filing 3

ORDER directing Petitioner to file an IFP application or pay the $5.00 filing fee within 30 days (by 3/13/2015); directing Clerk to send IFP and 2254 forms and instructions to Petitioner (mailed 2/11/2015). Amended Petition due within 30 days (by 3/13/2015). Signed by Judge Robert C. Jones on 2/11/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DUSTIN BARNETT,

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Petitioner,

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vs.

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Case No. 3:15-cv-00035-RCJ-WGC

STATE OF NEVADA,

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ORDER

Respondent.

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The court has received from petitioner a petition for a writ of habeas corpus and a motion for

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counsel. Three problems exist. First, petitioner has not used this court’s form for an application to

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proceed in forma pauperis, and the state-court form that he has used does not include all the

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information that this court needs. Second, petitioner has not used this court’s form for a petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Third, the form that petitioner has used is for

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a post-conviction habeas corpus petition filed in state court. Petitioner might have intended to file

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the petition with the Second Judicial District Court of the State of Nevada, Washoe County. If

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petitioner indeed wishes to pursue federal habeas corpus relief, then he will need to resolve the

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matter of the filing fee and to file a petition on the correct form, and the court will give him the

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opportunity. If petitioner actually wishes to pursue state habeas corpus relief, then he will need to

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file his state habeas corpus petition with the state district court as quickly as possible.

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IT IS THEREFORE ORDERED petitioner shall file an application for leave to proceed in

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forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account.

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The clerk of the court shall send petitioner a blank application form for incarcerated litigants. In the

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alternative, petitioner shall make the necessary arrangements to pay the filing fee of five dollars

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($5.00), accompanied by a copy of this order. Petitioner shall have thirty (30) days from the date

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that this order is entered to comply. Failure to comply will result in the dismissal of this action.

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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. Neither

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the foregoing deadline nor any extension thereof signifies or will signify any implied finding of a

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basis for tolling during the time period established. Petitioner at all times remains responsible for

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calculating the running of the federal limitation period and timely asserting claims. Failure to

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comply with this order will result in the dismissal of this action.
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, 3:15-cv-00035-RCJ-WGC, above the word “AMENDED.”

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Dated:
DATED: This 11th day of February, 2015

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_________________________________
ROBERT C. JONES
United States District Judge

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