Surrell v. State of Nevada et al

Filing 6

ORDER directing the Clerk to update the docket with petitioner's current address found on ECF No. 5 Motion (address updated from OLD: WCDC to NEW: NNCC); granting ECF No. 5 Motion for Order Directing Clerk to Provide Copy of Record ; Clerk to send petitioner a copy of petition ECF No. 1 -1, Order ECF No. 3 , Judgment ECF NO. 4 with this order (mailed to P on 10/20/2017). Signed by Judge Robert C. Jones on 10/20/2017. (Copies have been distributed pursuant to the NEF - KW)

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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 16 This habeas corpus action was closed on April 5, 2017. On March 27, 2017, Alvon Shoneer 17 Surrell, Sr., who was then apparently incarcerated at the Washoe County Detention Facility, 18 submitted for filing a petition for writ of habeas corpus (ECF No. 1-1). Surrell did not pay the $5 19 filing fee for the action, and he did not submit an application to proceed in forma pauperis. 20 Furthermore, Surrell’s habeas petition was not on a form approved by the Court. Surrell’s petition 21 appeared to be on a form meant for filing in state court; it was captioned for filing in Nevada’s 22 Second Judicial District Court, rather than in this federal district court. Furthermore, there was no 23 indication in the petition that Surrell had exhausted his state-court remedies, by first presenting his 24 claims for relief in state court before seeking habeas corpus relief in federal court. For those reasons, 25 this case was summarily dismissed, without prejudice, and judgment was entered accordingly. See 26 Order entered April 5, 2017 (ECF No. 3); Judgment entered April 5, 2017 (ECF No. 4). 1 On October 19, 2017, Surrell filed a motion (ECF No. 5), requesting copies of documents 2 from the Court’s file in this case, stating that his copies of the materials were lost in the course of a 3 transfer. 4 5 6 IT IS THEREFORE ORDERED that the Clerk of the Court shall update the docket with respect to the petitioner’s current address, which is found in his most recent filing (ECF No. 5). IT IS FURTHER ORDERED that petitioner’s Motion for Order Directing Clerk to Provide 7 Copy of Record (ECF No. 5) is GRANTED. The Clerk of the Court shall send to petitioner a copy 8 of his petition in this case (ECF No. 1-1), a copy of the Order entered April 5, 2017 (ECF No. 3), a 9 copy of the Judgment entered April 5, 2017 (ECF No. 4), along with a copy of this order. 10 11 Dated this 20th day of October, 2017. 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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