United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE.
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).
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).
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
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
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.
the Court has reviewed the petition pursuant to Habeas Rule
4, and it will be docketed and served on
respondents. 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.
therefore ordered that the Clerk close case number
3:16-cv-00743-MMD-VPC as duplicative.
further ordered that petitioner file any future documents in
case number 3:16-cv-00694 only.
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.
further ordered that the briefing schedule set forth below
applies to case number 3:16-cv-00694.
further ordered that petitioner's second application to
proceed in forma pauperis (ECF No. 5) is granted.
further ordered that the Clerk file and electronically serve
the petition (ECF No. 1-1) on the respondents.
further ordered that the Clerk add Adam Paul Laxalt, Nevada