Foster v. Baca et al

Filing 11

ORDER that Clerk detach and file the petition ECF No. 1 -1; petition is dismissed with leave to amend; Clerk directed to send to petitioner (1) copy of form § 2254 habeas petition, information and instructions, and the papers petitioner has file d in this action (mailed forms and ECF Nos. 1 , 1 -1, 3 , 4 , 5 and 8 on 01/17/2018); petitioner is expressly advised that failure to file an amended petition will result in the dismissal of this action. See order for further details. Signed by Judge Miranda M. Du on 1/17/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN MICHAEL FOSTER,

Case No. 3:17-cv-00317-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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Petitioner John Michael Foster has attempted to initiate a § 2254 habeas corpus
petition (ECF No. 1-1). He has now paid the filing fee (see ECF No. 10).

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His purported petition is not on the Court’s required form. LSR 3-1. Moreover, he

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sets forth the details of his judgment of conviction and sentences, but he does not set

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forth any claims or grounds for federal habeas relief. Therefore, Foster’s petition will be

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dismissed with leave to file an amended habeas corpus petition on the court’s § 2254

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habeas form. He must clearly set forth each federal habeas ground and briefly set forth

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the factual basis for each ground.

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It is therefore ordered that the Clerk detach and file the petition (ECF No. 1-1).

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It is further ordered that the petition is dismissed with leave to file an amended

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habeas corpus petition in conformance with this order.

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It is further ordered that the Clerk send to petitioner one (1) copy of this Court’s

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form § 2254 habeas petition, one (1) copy of the information and instructions for filing a §

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2254 habeas petition, and one (1) copy of the papers petitioner has filed in this action.

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It is further ordered that petitioner is expressly advised that failure to file an

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amended petition in conformance with this order will result in the dismissal of this action.

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DATED THIS 17th day of January 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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