Voss v. Baca et al

Filing 4

ORDER IFP Application 1 is denied as moot. Clerk shall file petition and send petitioner habeas petition form with instructions (mailed 6/22/15). Amended petition due within 30 days. Clerk shall add AG as counsel for respondents a nd electronically serve upon respondents copy of petition and this order (served via NEF 6/22/15). Respondents' counsel shall enter notice of appearance within 20 days. Signed by Judge Howard D. McKibben on 6/19/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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STEVEN FLOYD VOSS,

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Petitioner,

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vs.

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Case No. 3:15-cv-00183-HDM-VPC

ISIDRO BACA, et al.,

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ORDER

Respondents.

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Petitioner, who is in the custody of the Nevada Department of Corrections, has submitted an

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application to proceed in forma pauperis (#1) and a petition for a writ of habeas corpus. The

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application (#1) is moot because petitioner has paid the filing fee.

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Petitioner used a form for a petition pursuant to 28 U.S.C. § 2241, which is the wrong form.

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Petitioner is in custody pursuant to a judgment of conviction of a state court, and he is challenging

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the validity of that custody. Petitioner’s sole federal remedy is a writ of habeas corpus, Preiser v.

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Rodriguez, 411 U.S. 475, 500 (1973), and the governing statute is 28 U.S.C. § 2254. The petition

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lacks all the information that the court needs. Petitioner will need to file an amended petition on the

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correct form.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (#1) is
DENIED as moot.

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IT IS FURTHER ORDERED that the clerk of the court file the petition for a writ of habeas
corpus.

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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 to

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correct the noted deficiencies. 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 under 28

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U.S.C. § 2244(d)(1) and timely asserting claims. Failure to comply with this order will result in the

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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 case number,

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3:15-cv-00183-HDM-VPC, above the word “AMENDED.”

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IT IS FURTHER ORDERED that the clerk shall add Adam Laxalt, 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: June 19, 2015.

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_________________________________
HOWARD D. MCKIBBEN
United States District Judge

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