Bellon v. Baker et al
ORDERED Clerk shall e-serve the petition (ECF No. 1 ) on the respondents, for informational purposes only. (E-service to AG via NEF regeneration 4/11/2018.) Clerk shall add AG as counsel for respondents. This action is dismissed without prejudice as set forth in this order. A certificate of appealability is denied. Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 4/11/2018. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ROBERT LINZY BELLON,
Case No. 3:18-cv-00081-MMD-WGC
RENEE BAKER, et al.,
Petitioner Robert Linzy Bellon has submitted a pro se habeas corpus petition
challenging the computation of his sentence and has paid the filing fee (ECF No. 1). The
petition will be dismissed without prejudice because Bellon has not presented his claims
to the Nevada Supreme Court.
A federal court will not grant a state prisoner’s petition for habeas relief until the
prisoner has exhausted his available state remedies for all claims raised. Rose v. Lundy,
455 U.S. 509, 522 (1982); 28 U.S.C. § 2254(b). A petitioner must give the state courts a
fair opportunity to act on each of his claims before he presents those claims in a federal
habeas petition. O’Sullivan v. Boerckel, 526 U.S. 838, 844 (1999); see also Duncan v.
Henry, 513 U.S. 364, 365 (1995). A claim remains unexhausted until the petitioner has
given the highest available state court the opportunity to consider the claim through direct
appeal or state collateral review proceedings. See Casey v. Moore, 386 F.3d 896, 916
(9th Cir. 2004); Garrison v. McCarthey, 653 F.2d 374, 376 (9th Cir. 1981).
Here, petitioner has attached some documents from his state postconviction
proceedings. The court also takes notice of the dockets of the Nevada Supreme Court
and the Eighth Judicial District Court. Taken together, they reflect that the state district
court recently denied Bellon’s postconviction petition on March 21, 2018. (See ECF No.
1 at 6; Eighth Judicial District Court Case No. A-16-746829-W; see also Nevada Supreme
Court Case No. 74067).1 The resolution of Bellon’s state postconviction petition could
render a federal habeas petition moot. Accordingly, this federal petition shall be dismissed
without prejudice to petitioner filing a new federal habeas petition, in a new case with a
new case number and a new, completed application to proceed in forma pauperis with
the required financial information or the $5.00 filing fee.
It is therefore ordered that the Clerk will electronically serve the petition (ECF No.
1) on the respondents, for informational purposes only.
It is further ordered that the Clerk will add Adam Paul Laxalt, Nevada Attorney
General, as counsel for respondents.
It is further ordered that this action is dismissed without prejudice as set forth in
It is further ordered that a certificate of appealability is denied.
It is further ordered that the Clerk shall enter judgment accordingly and close this
DATED THIS 11th day of April 2018.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Supreme Court Case No. 74067 reflects that Bellon filed an appeal of a
purported decision denying his postconviction habeas petition on September 15, 2017.
However, the Nevada Supreme Court dismissed the appeal for lack of jurisdiction
because no decision, oral or written, had been made on the petition when Bellon filed the
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