Surrell v. State of Nevada et al

Filing 3

ORDER dismissing without prejudice this action; denying a certificate of appealability; directing Clerk to enter judgment accordingly; directing Clerk to send Petitioner forms, instructions, and copy of petition (mailed 4/5/2017). Signed by Judge Robert C. Jones on 4/5/2017. (Copies have been distributed pursuant to the NEF - KR)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 ALVON SHONEER SURRELL, SR., 10 Petitioner, 11 vs. 12 3:17-cv-00185-RCJ-VPC STATE OF NEVADA, ORDER 13 14 Respondent. _________________________________/ 15 On March 27, 2017, Alvon Shoneer Surrell, Sr., who is apparently incarcerated at the 16 Washoe County Detention Facility, submitted for filing a petition for writ of habeas corpus 17 (ECF No. 1-1). 18 19 Surrell has not paid the $5 filing fee for this action, and he has not submitted an application to proceed in forma pauperis. 20 Furthermore, Surrell’s habeas petition is not on a form approved by the Court. Surrell’s 21 petition appears to be on a form meant for filing in state court. It is captioned for filing in Nevada’s 22 Second Judicial District Court, rather than in this federal district court. 23 Moreover, there is no indication in the petition that Surrell has exhausted his state-court 24 remedies, by first presenting his claims for relief in state court before seeking habeas corpus relief in 25 federal court. 26 /// 1 For all of these reasons, this case will be summarily dismissed, without prejudice to Surrell 2 initiating a new habeas corpus action in this court if that is his intention. If Surrell wishes to initiate 3 a federal habeas corpus action, he must submit a fully completed petition for writ of habeas corpus 4 on the correct form for this court, together with payment of the filing fee or an application to proceed 5 in forma pauperis on a correct form and fully completed. If Surrell wishes to initiate a state-court 6 habeas corpus action, he must file his petition in state court. 7 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. 8 IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability. 9 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. 10 IT IS FURTHER ORDERED that the Clerk of the Court shall send to petitioner, along 11 with a copy of this order, a copy of petitioner’s petition for writ of habeas corpus (ECF No. 1-1), 12 a copies of the form for a petition for a writ of habeas corpus in this court, and two copies of the 13 form for an application to proceed in forma pauperis for a prisoner, and any available instructions 14 regarding those forms. 15 16 Dated this 5th day of April, 2017. 17 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 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?