Williams v. Nevada Department of Corrections

Filing 12

ORDER - Clerk of Court is instructed to MAIL Petitioner a blank form petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 with instructions. (2254 form and instructions MAILED to P at NNCC on 11/18/2021.) Petitioner must file an "AMENDED" petition on the Court's form within 45 days (1/2/2022). Within 45 days of the date of this order, Petitioner must file a copy of his inmate trust account statement for the six-month period prior to filing. Alternatively, P etitioner will pay the $5 filing fee within 45 days. Petitioner's failure to comply with this Order within 45 days will result in the dismissal of this action without prejudice and without further advance notice. Signed by Judge Howard D. McKibben on 11/18/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:21-cv-00187-HDM-CLB Document 12 Filed 11/18/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TERRANCE EUGENE WILLIAMS,

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v.

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Petitioner,

NEVADA
DEPARTMENT
CORRECTIONS, et al.,

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Case No. 3:21-cv-00187-HDM-CLB
ORDER

OF

Respondents.

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This habeas matter is before the Court on Petitioner’s failure

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to file an amended petition on the Court’s required 28 U.S.C. §

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2254 petition form.

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On May 24, 2021, the Court entered an order directing

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Petitioner Terrance Eugene Williams, a pro se Nevada prisoner, to

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file his petition on the Court’s required 28 U.S.C. § 2254 petition

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form and to either pay the standard five dollar ($5.00) filing fee

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or file a complete application for leave to proceed in forma

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pauperis (“IFP”) within 30 days. ECF No. 4. On June 9, 2021,

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Petitioner filed a Motion for Appointment of Counsel 1 (ECF No. 5)

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and another IFP application (ECF No. 6).

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On July 6, 2021, the Court instructed Petitioner to file an

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amended petition on the Court’s form within 30 days and file a

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copy of his inmate trust account statement for the six-month period

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prior to filing, or alternatively pay the $5 filing fee within 30

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days. On September 29, 2021, the Court again instructed Petitioner

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The Court will defer consideration of the motion for
appointment of counsel until Petitioner has fully complied with
this order.
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Case 3:21-cv-00187-HDM-CLB Document 12 Filed 11/18/21 Page 2 of 3

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to file an amended petition on the Court’s form within 30 days and

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file a copy of his inmate trust account statement for the six-

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month period prior to filing, or alternatively pay the $5 filing

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fee within 30 days. 2 In the September 29, 2021 order, the Court

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attached a blank 28 U.S.C. § 2241 form in error. 3

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Local Rule LSR 3-1 requires Petitioner to file his petition

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on the Court’s required § 2254 petition form. Petitioner must use

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the required form to state his claims in order to provide the court

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with necessary information to conduct preliminary review of the

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petition. Accordingly, the Court will provide an additional 45

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days for Petitioner to file an amended petition on the Court’s §

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2254 petition form.

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Petitioner must clearly title the amended petition as such by

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writing the word “AMENDED” immediately above “Petition for a Writ

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of Habeas Corpus” on page 1 in the caption, and he must place the

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case number, 3:21-cv-00187-HDM-CLB, in the designated space. Under

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Local Rule 15-1, the amended petition must be complete in itself

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without reference to previously filed papers. Thus, the claims and

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allegations that are stated in the amended petition will be the

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only matters remaining before the Court. Any claims or allegations

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that are left out of the amended petition or that are not re-

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alleged will not be considered.

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IT IS THEREFORE ORDERED:

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1. The Clerk of Court is instructed to MAIL Petitioner a blank

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To date, Petitioner has not filed a copy of his inmate trust
account statement for the six-month period prior to filing, or
alternatively paid the $5 filing fee.
3 Petitioner must file his petition on the Court’s required 28
U.S.C. § 2254 petition form.
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Case 3:21-cv-00187-HDM-CLB Document 12 Filed 11/18/21 Page 3 of 3

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form petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254 with instructions.

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2. Petitioner must file an amended petition on the Court’s

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form within 45 days. Petitioner must clearly title the

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amended petition as such by writing the word “AMENDED”

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immediately above “Petition for a Writ of Habeas Corpus”

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on page 1 in the caption, and he must place the case number,

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3:21-cv-00187-HDM-CLB, in the designated space.

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3. Within 45 days of the date of this order, Petitioner must

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file a copy of his inmate trust account statement for the

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six-month

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Petitioner will pay the $5 filing fee within 45 days.

period

prior

to

filing.

Alternatively,

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4. Petitioner’s failure to comply with this Order by (a)

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filing an amended petition, and either (b) submitting a

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statement of his inmate trust account for the six-month

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period prior to filing to complete his IFP application, or

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(c) paying the filing fee within 45 days will result in

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the dismissal of this action without prejudice and without

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further advance notice.

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DATED: this 18th day of November 2021.

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HOWARD D. MCKIBBEN
UNITED STATES DISTRICT JUDGE

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