Lall v. Baca et al

Filing 5

ORDER - IFP motion is granted (ECF No. 1 ). Petitioner's motion for an enlargement of time (ECF No. 4 ) is granted nunc pro tunc. Clerk shall send petitioner the 2254 form with instructions. (Mailed to P 3/3/2017 with instant order.) "First Amended" petition due by 4/2/2017. Signed by Judge Miranda M. Du on 3/2/2017. (Copies have been distributed pursuant to the NEF - DRM)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JAMES LALL, 10 Petitioner, ISIDRO BACA, et al., Respondents. 13 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 14 15 ORDER v. 11 12 Case No. 3:16-cv-00469-MMD-VPC U.S.C. § 2254 by a Nevada state prisoner. 16 Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 1). Based on 17 the information regarding petitioner's financial status, the motion to proceed in forma 18 pauperis is granted. 19 On August 15, 2016, petitioner filed a motion for a stay, or in the alternative, a 120- 20 day enlargement of time. (ECF No. 4.) In the motion, petitioner explains that he had not 21 yet received his case file from the attorney who represented him in state post-conviction 22 proceedings. Petitioner contends that he needs his case file to raise additional grounds 23 for relief in an amended petition. Petitioner’s motion for an extension is granted, nunc pro 24 tunc. 25 26 27 28 It is therefore ordered that petitioner’s motion to proceed in forma pauperis (ECF No. 1) is granted. It is further ordered that petitioner’s motion for an enlargement of time (ECF No. 4) is granted nunc pro tunc. 1 2 It is further ordered that the Clerk of Court send petitioner the form for filing a § 2254 habeas corpus petition in this Court, together with instructions for filing the form. 3 It is further ordered that petitioner must file, within thirty (30) days from the date of 4 entry of this order, an amended petition. The amended petition must be filed on the 5 Court’s approved habeas corpus form and must be entitled “First Amended Petition.” 6 7 8 It is further ordered that if petitioner fails to file an amended petition within thirty (30) days, this action will proceed on the original petition. DATED THIS 2nd day of March 2017. 9 10 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?