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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALVON SHONEER SURRELL, SR.,

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Petitioner,

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vs.

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3:17-cv-00185-RCJ-VPC

STATE OF NEVADA,

ORDER
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Respondent.
_________________________________/

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On March 27, 2017, Alvon Shoneer Surrell, Sr., who is apparently incarcerated at the

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Washoe County Detention Facility, submitted for filing a petition for writ of habeas corpus

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(ECF No. 1-1).

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Surrell has not paid the $5 filing fee for this action, and he has not submitted an application
to proceed in forma pauperis.

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Furthermore, Surrell’s habeas petition is not on a form approved by the Court. Surrell’s

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petition appears to be on a form meant for filing in state court. It is captioned for filing in Nevada’s

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Second Judicial District Court, rather than in this federal district court.

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Moreover, there is no indication in the petition that Surrell has exhausted his state-court

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remedies, by first presenting his claims for relief in state court before seeking habeas corpus relief in

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federal court.

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For all of these reasons, this case will be summarily dismissed, without prejudice to Surrell

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initiating a new habeas corpus action in this court if that is his intention. If Surrell wishes to initiate

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a federal habeas corpus action, he must submit a fully completed petition for writ of habeas corpus

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on the correct form for this court, together with payment of the filing fee or an application to proceed

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in forma pauperis on a correct form and fully completed. If Surrell wishes to initiate a state-court

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habeas corpus action, he must file his petition in state court.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice.

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IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send to petitioner, along

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with a copy of this order, a copy of petitioner’s petition for writ of habeas corpus (ECF No. 1-1),

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a copies of the form for a petition for a writ of habeas corpus in this court, and two copies of the

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form for an application to proceed in forma pauperis for a prisoner, and any available instructions

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regarding those forms.

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Dated this 5th day of April, 2017.

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UNITED STATES DISTRICT JUDGE
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