Voss v. Baca et al

Filing 7

ORDER denying 6 Motion for District Judge to Reconsider Order. Signed by Judge Howard D. McKibben on 7/7/15. (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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The court instructed petitioner to file a habeas corpus petition on the court’s form pursuant

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to 28 U.S.C. § 2254 because he is in custody pursuant to a judgment of conviction of a state court.

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Order (#4). Petitioner has submitted a motion for reconsideration (#6), arguing that the judgment of

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conviction is invalid pursuant to Nevada state law. That the judgment exists is sufficient for the

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requirements of 28 U.S.C. § 2254(a) to apply. Whether the judgment is invalid under the

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Constitution or laws of the United States is a question on the merits that the court will reach later,

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assuming that there are no procedural reasons to dismiss this action. The court denies petitioner’s

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motion.

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The court also denies petitioner’s requests either to certify the question to the court of

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appeals or to permit an interlocutory appeal.

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IT IS THEREFORE ORDERED that petitioner’s motion for reconsideration (#6) is
DENIED.
IT IS FURTHER ORDERED that the schedule set forth in the court’s previous order (#4)

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shall remain in effect. Petitioner remains responsible for submitting an amended petition by the

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deadline set forth in that order.

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DATED: July 7, 2015.

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_________________________________
HOWARD D. MCKIBBEN
United States District Judge

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