Santana v. LeGrand et al

Filing 8

ORDERED that the clerk of the court shall file the petition, which currently is attached to a notice (# 1 ). The # 6 motion for appointment of counsel is DENIED. Clerk shall add Adam Paul Laxalt, AG, as counsel for respondents. Clerk shall electr onically serve respondents with a copy of the petition and a copy of this order. ( E-service to AG on 1/6/2016. ) No response by respondents is necessary. Clerk of the court shall refer this action to the United States Court of Appeals for the N inth Circuit. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit, on 1/6/2016. ) Clerk of the court shall administratively close this action. Signed by Judge Larry R. Hicks on 1/5/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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VINCENT SANTANA,

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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-00434-LRH-WGC

Respondents.

ORDER

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Petitioner has filed a financial certificate (#7). While it is not on the form for an application

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to proceed in forma pauperis, it contains the information the court needs to determine that petitioner

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is unable to pay the filing fee. The court will construe the financial certificate as an application to

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proceed in forma pauperis and grant it.

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Petitioner is challenging custody pursuant to the judgment of conviction of the Eighth

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Judicial District Court in case number 02C182880. Petitioner alleges that he is challenging the

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judgment of conviction in case number 02C187431. However, he also alleges that he was convicted

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of failing to register a change of address as a sex offender, and his two grounds for relief relate to

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that offense. The court has examined the on-line dockets of both cases.1 The offenses at issue in

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case 02C187431 were coercion, not failure to register a change of address. The court concludes that

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https://www.clarkcountycourts.us/Anonymous/CaseDetail.aspx?CaseID=7488472;
https://www.clarkcountycourts.us/Anonymous/CaseDetail.aspx?CaseID=7493486 (reports
generated December 24, 2015).

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petitioner intended to challenge the judgment on case 02C182880 and mixed up the case numbers of

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two of his criminal cases.

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Petitioner has challenged his custody pursuant to the same judgment of conviction in

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Santana v. Neven, Case No. 2:08-cv-00573-KJD-LRL. The court denied that petition on its merits.

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Petitioner appealed, and the court of appeals affirmed. The petition in this action is a second or

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successive petition as defined in 28 U.S.C. § 2244(b). Petitioner must first obtain authorization

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from the court of appeals before this court can consider his petition. 28 U.S.C. § 2244(b)(3).

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Petitioner has filed a motion for appointment of counsel (#6). The court denies this motion
because the court is referring the action to the court of appeals.

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IT IS FURTHER ORDERED that the clerk of the court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, which currently is attached to a notice (#1).

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IT IS FURTHER ORDERED that the motion for appointment of counsel (#6) is DENIED.

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IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General

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for the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk shall electronically serve respondents with a
copy of the petition and a copy of this order. No response by respondents is necessary.

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IT IS FURTHER ORDERED that, pursuant to Circuit Rule 22-3(a), the clerk of the court
shall refer this action to the United States Court of Appeals for the Ninth Circuit.

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IT IS FURTHER ORDERED that the clerk of the court shall administratively close this
action.
DATED this 5th day of January, 2016.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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