Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hill v. Filson

United States District Court, D. Nevada

January 5, 2017

JOAQUIN BROUSHON HILL, Petitioner,
v.
TIMOTHY FILSON. et al., Respondents.

          ORDER

          MIRANDA M. DU UNITED STATES DISTRICT JUDGE.

         On November 30, 2016, petitioner Joaquin Broushon Hill submitted a pro se petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, and an application to proceed in forma pauperis in case number 3:16-cv-00694-MMD-WGC (ECF Nos. 1, 1 -1). On December 30, 2016, this court denied the application to proceed in forma pauperis because the pauper application was on the non-inmate form and Hill failed to include all required attachments (ECF No. 3).

         Previously, Hill had submitted his petition in case number 3:16-cv-00594-HDM-VPC but had failed to file an application to proceed in forma pauperis at all or pay the filing fee. That action was therefore dismissed without prejudice as improperly commenced, and the case was closed (3:16-cv-00594, ECF No. 3).

         In response to that dismissal, on December 20, 2016, Hill submitted a completed inmate application to proceed in forma pauperis as well as a copy of the same petition and attempted to file it in case number 3:16-cv-00594. Because 3:16-cv-00594 was closed, the Clerk of Court opened another habeas action under case number 3:16-cv-00743-MMD-VPC.

         Accordingly, Hill now has two open habeas cases with the same petition - 3:16-cv-00694 and 3:16-cv-00743. Therefore, the second, later-filed action, case number 3:16-cv-00743, will be closed as duplicative. The application to proceed in forma pauperis filed in 3:16-cv-00743 will be filed in case number 3:16-cv-00694 and docketed at ECF No. 5. That second application to proceed in forma pauperis will be granted.

         Petitioner is expressly advised that case number 3:16-cv-00694 is now his one pending federal habeas proceeding, and any future documents will be filed in this case only.

         Next, the Court has reviewed the petition pursuant to Habeas Rule 4, and it will be docketed and served on respondents.[1] A petition for federal habeas corpus should include all claims for relief of which petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If petitioner is aware of any claim not included in his petition, he should notify the Court of that as soon as possible, perhaps by means of a motion to amend his petition to add the claim.

         It is therefore ordered that the Clerk close case number 3:16-cv-00743-MMD-VPC as duplicative.

         It is further ordered that petitioner file any future documents in case number 3:16-cv-00694 only.

         It is further ordered that the Clerk file the application to proceed in forma pauperis that was docketed in case number 3:16-cv-00743-MMD-VPC in case number 3:16-cv-00694 as ECF No. 5.

         It is further ordered that the briefing schedule set forth below applies to case number 3:16-cv-00694.

         It is further ordered that petitioner's second application to proceed in forma pauperis (ECF No. 5) is granted.

         It is further ordered that the Clerk file and electronically serve the petition (ECF No. 1-1) on the respondents.

         It is further ordered that the Clerk add Adam Paul Laxalt, Nevada Attorney ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.