Johnson v. LeGrand et al

Filing 7

ORDER directing Petitioner, within 20 days, to either (1) submit proof that he has obtained leave of the Court of Appeals to present this successive petition, or (2) file a notice of voluntary dismissal; directing Clerk to send Petitioner a copy of the docket sheet (mailed 12/30/2015). Signed by Judge Howard D. McKibben on 12/30/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TIMOTHY HOWARD JOHNSON,

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Petitioner,

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vs.

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ROBERT LeGRAND, et al.,

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Case No. 3:15-cv-00258-HDM-WGC

Respondents.

ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254
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by a Nevada state prisoner.
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By order filed December 15, 2015, the Court informed petitioner that the petition is subject
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to dismissal as successive for failure to comply with 28 U.S.C. § 2244(b). Section 2244(b) requires
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that a petitioner seeking to file a “second or successive” habeas petition must first obtain
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authorization from the federal Court of Appeals to do so. This Court’s order of December 15, 2015,
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granted petitioner thirty days to submit any proof he might have to demonstrate that he obtained
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leave of the Court of Appeals to present this successive petition. The order specified that if
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petitioner is unable to demonstrate that he obtained permission of the Court of Appeals, the Court
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will enter an order dismissing the successive petition. (ECF No. 5).
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On December 28, 2015, petitioner filed a letter with the Court seeking the identity of the
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person who submitted the instant habeas petition to this Court. (ECF No. 6). Petitioner is informed
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that the petition in this action was submitted by Timothy H. Johnson, inmate #23766, at Lovelock

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Correctional Center. (ECF No. 1-1, at p. 1). The petition is signed by Timothy H. Johnson. (ECF

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No. 1-2, at p. 1). If petitioner wishes to withdraw his petition, he may do so by filing a notice of

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voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. If petitioner

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wishes to proceed with this action, he must submit any proof he might have to demonstrate that he

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has obtained leave of the Court of Appeals to present this successive petition. The Court will grant

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petitioner additional time in which to do so, as set forth below.

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IT IS THEREFORE ORDERED that within twenty (20) days of the date of entry of this
order, petitioner SHALL SUBMIT any proof he might have to demonstrate that he has obtained

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leave of the Court of Appeals to present this successive petition. If petitioner is unable to

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demonstrate that he has obtained permission of the Court of Appeals, the Court will enter an order

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dismissing the successive petition.

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IT IS FURTHER ORDERED that if petitioner does not wish to proceed with this action,

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he shall file a notice of voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of Civil

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Procedure within twenty (20) days of the date of entry of this order.

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IT IS FURTHER ORDERED that the Clerk of Court shall send petitioner a copy of the
CM/ECF docket printout for this case.
Dated this 30th day of December, 2015.

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HOWARD D. McKIBBEN
UNITED STATES DISTRICT JUDGE

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