Wood v. Lombardo

District Court, D. Nevada

Wood v. Lombardo

Trial Court Opinion

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3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 CIERRE WOOD, Case No. 2:20-cv-01944-RFB-VCF 7 Petitioner, ORDER 8 v.

9 SHERIFF JOE LOMBARDO,

10 Respondent.

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12 13 Petitioner Cierre Wood has submitted a pro se

28 U.S.C. § 2241

habeas corpus 14 petition but he has failed to submit an application to proceed in forma pauperis or pay the 15 filing fee. Accordingly, this matter has not been properly commenced.

28 U.S.C. § 16

1915(a)(2) and Local Rule LSR1-2. 17 The court further notes that it does not appear that petitioner has exhausted his 18 state-court remedies. A federal court will not grant a state prisoner’s petition for habeas 19 relief until the prisoner has exhausted his available state remedies for all claims raised. 20 Rose v. Lundy,

455 U.S. 509

(1982);

28 U.S.C. § 2254

(b). A petitioner must give the 21 state courts a fair opportunity to act on each of his claims before he presents those claims 22 in a federal habeas petition. O’Sullivan v. Boerckel,

526 U.S. 838, 844

(1999); see also 23 Duncan v. Henry,

513 U.S. 364, 365

(1995). A claim remains unexhausted until the 24 petitioner has given the highest available state court the opportunity to consider the claim 25 through direct appeal or state collateral review proceedings. See Casey v. Moore, 386

26 F.3d 896

, 916 (9th Cir. 2004); Garrison v. McCarthey,

653 F.2d 374, 376

(9th Cir. 1981). 27 Wood is in pretrial detention and argues that the amount of his bail is unconstitutional. He refers to a motion for reasonable bail; it appears that motion was denied. He contends 1|| that a recent Nevada Supreme Court decision would impact his case. However, he does 2\|| not state that he pursued a state habeas corpus petition, and therefore, it appears this 3|| federal petition is unexhausted and premature. 4 This federal petition is dismissed without prejudice to petitioner filing a new federal 5|| habeas petition, ina new case with a new case number and a new, completed application 6|| to proceed in forma pauperis with the required financial information or the $5.00 filing fee. 7 IT IS THEREFORE ORDERED that the Clerk file and ELECTRONICALLY 8|| SERVE the petition (ECF No. 1-1) on the respondents, for informational purposes only. 9 IT IS FURTHER ORDERED that the Clerk add Aaron D. Ford, Nevada Attorney General, as counsel for respondents. 11 IT IS FURTHER ORDERED that this action is DISMISSED without prejudice as 12|| improperly commenced. 13 IT IS FURTHER ORDERED that a certificate of appealability is denied. 14 IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close this case. 16 47 DATED: 14 January 2021.

18 NS 19 omg tis FRIGT JUDGE 20 21 22 23 24 25 26 27 28

Reference

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