1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 JOSHUA HAWKINS, Case No. 3:20-cv-00209-MMD-WGC 7 Petitioner, v. ORDER 8 9 STATE OF NEVADA, et al., 10 Respondents. 11 12 On May 27, 2020, Petitioner filed, in this habeas corpus proceeding, a document 13 styled as a “motion to amend petition to add to claim.” (ECF No. 9.) As in his initial petition, 14 Petitioner alleges in this filing that the state has violated his constitutional rights by 15 improperly depriving him of credit for time served. He asserts that he is entitled to money 16 damages for the “extra time in which he was confined.” (Id. at 2.) 17 Under Rule 15(a), a party may amend his or her pleadings once as a matter of 18 course at any time before a responsive pleading is served. Fed. R. Civ. P. 15(a). In 19 addition, Respondents have not filed an opposition to Petitioner’s motion. Even so, 20 Petitioner’s claim for money damages is not available in a habeas corpus proceeding. 21 See Preiser v. Rodriguez,

(1973). So, as drafted, Petitioner’s amended 22 claim is not cognizable in this action. For that reason, the Court must deny his motion. 23 However, because of provisions governing second or successive petitions, it is 24 important that Petitioner include all his available habeas claims in his pending petition. 25 See

(b). Accordingly, the Court will permit Petitioner the opportunity to 26 file an amended petition, in the event he wants to raised claims aside from his proposed 27 claim seeking money damages. 1 It is therefore ordered that Petitioner’s “motion to amend petition to add to claim.” 2 || (ECF No. 9) is denied. Petitioner may, however, file an amended petition asserting 3 || additional habeas claims if he so chooses. Petitioner will have 30 days from the date this 4 || order is entered within which to file an amended petition including all available claims. 5 It is further ordered that Respondents will have 60 days from the date Petitioner 6 || files an amended petition to answer or otherwise respond to the amended petition. If 7 || Petitioner does not file an amended petition within the time allotted, Respondents will 8 || have 60 days from the date this order is entered to answer or otherwise respond to 9 || Petitioner’s current petition (ECF No. 6). 10 It is further ordered that the Clerk of the Court send Petitioner a noncapital Section 11 || 2254 habeas petition form, one copy of the instructions for the form, and a copy of his 12 || initial habeas petition (ECF No. 6). 13 It is further ordered that Respondents’ motion to extend time (ECF No. 10) is 14 || denied as moot. 15 DATED THIS 7" day of July 2020. 16 , i ASW MIRANDA M. DU 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28