Annis v. Jonhson

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * WILLIS B. ANNIS, Case No. 3:21-cv-00469-MMD-CLB 7 Plaintiff, ORDER v. MATHEW JONHSON, et al., Defendants.

11 On February 4, 2022, the Court received a letter from pro se Plaintiff Willis B. Annis addressed to Chief Judge Miranda M. Du, attached here. Annis currently has three open cases before Judge Du, and two additional cases that were recently closed. In his letter, Annis explained that he is not currently located at Lake’s Crossing Hospital, and that he is being illegally detained at 1038 Buckeye Road in Minden, NV—the address of the Douglas County Sheriff’s Office and Douglas County Jail. He further states that the letter is his third request for release.1 18 Annis writes that his letter is not an ex parte communication. An ex parte communication is “a communication between a pro se party or attorney and a judge or chambers when the opposing party or attorney is not present or copied, including telephone calls, letters, or emails.” Local Rule IA 7-2(a). A party may not make an ex parte communication except as specifically permitted by the Court or the Federal Rules of Civil Procedure, and any ex parte filing must state which rule permits the party to file ex parte and must explain why the filing is on an ex parte basis. Local Rule IA 7-2(b). The Court finds that Annis’ letter is an ex parte communication that does not fall under any rule permitting ex parte filings. Annis’ letter must be filed on the docket.

28 1Because Annis did not indicate which of his cases, open or closed, this letter was in reference to, if any, the Court indicates that it received this communication in each of open cases are civil rights cases brough under 42 U.S.C. § 1983. All § 1983 cases brought in forma pauperis by a prisoner are subject to screening. See 28 U.S.C. § 1915A.

4 The Court cannot decide whether Annis is entitled to his requested relief until his complaints are screened. At this time, Annis has not filed a completed application to proceed in forma pauperis and § 1983 complaint on the Court’s correct forms in any of his open cases, so the screening process has not yet begun. Due to the large number of complaints awaiting screening, the screening process may take several months.

9 Moreover, the Court cautions Annis that he must file a new action if he seeks release from pretrial detention at the Douglas County Jail. “Habeas corpus proceedings are the proper mechanism for a prisoner to challenge the ‘legality or duration’ of confinement.” Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (quoting Preiser v. Rodriguez, 411 U.S. 475, 484 (1973)). “A civil rights action, in contrast, is the proper method of challenging “conditions of . . . confinement.’” Id. (quoting Preiser, 411 U.S. at 15 498-99)). If Annis seeks to challenge his detention at the Douglas County Jail as illegal, he must file a habeas corpus action and either pay the $5 filing fee or complete an application to proceed in forma pauperis on the Court’s approved forms. If Annis seeks to challenge the conditions of his confinement at the Douglas County Jail, he must file a § 1983 complaint, either pay the $402 filing fee or complete an application to proceed in forma pauperis on the Court’s approved forms, and await the Court’s screening of his complaint. The Court will not grant relief based on letters sent to a judge.

22 /// /// /// /// /// /// /// 1 In this case, the Court has granted Annis an extension of time to file his § 1983 || complaint on the Court’s approved form. (ECF No. 11.) Annis’ completed complaint must || be filed by February 18, 2022. (/d.) The Court will then screen Annis’ complaint which, as || stated above, may take several months. If Annis wishes to file a motion in this case, he || must include the case number and explain clearly what relief he seeks and why he is || entitled to it.

7 DATED THIS 7" Day of February 2022.

8 — IRANDA M. DU 10 CHIEF UNITED STATES DISTRICT JUDGE Exhibit A DW Linvy 1s WAGs Bok Anais TE wast in Leles Cres inno lesa, ‘ } A 4 4g 4 Tan Meye\y Del aiveds on Now Violent Anurans, pun & Pahoa fe now Vclewy Oncraes Pach Newsy Tam wot ts bu aveuttok get Yor SSR Pevolowsy An Ule\ant aceioag, Ovi musty, Dvn woh Not nar ged) Now Fue watin eo Wns cowh on Several DUCAS TEAS hall ce esting my imediake: /elucts Deylag 4 Wis volewe, Deve Be comet at in Case Nam, Io Away Ve State of Vermont Rrepewrtor) an Fedevot Pvosecwdo/s in Mae Stale at mont _Gingy Moma Bi \a-Ae eva fewesl pugeleroe of Weltat Hao Wag pinttav ci lou ove, Panel of he Chew A Supreme Cowl of Ape uN Swsbluess FS ond J □□ TW Gvinleeds ines Samim Judgerrenil OW Morhied, There 16 a sehun. ja thet fadu/a Entanchiin against n.wk of 4 cMnages ovtetts and bekig Yoedy fon Nin Usoluwk Chargus nob te \ne Aatotneds Sis 1S en Sunes Paton Pow Wye SaOruyren Nain are a Violation of TA Wasahities Ponser Nirdus m4 pahemse No tge Lnsedblats, of Tet take ackiun 404 Winlarhwl\ bLaapd suey titans Utolabion of 2 Suyicane Coot Over, AP 4 wage en Yvlesl Cladge □□ □ Sue Vohe [Togas of verredy te Sian aoud7, Paws Vb Sota of Ue mowt Witconte □□ eX AW Tis being Negaly confined wk — Baw ey lw Mewdin AY TASS tq Sab Roguath ov Bdewe, 24205 FEF Bou Annu pe ba 99992 Ws AS woh aw 2Y fate tet yp ae VOVAAN JO Lordisia —y 3 Le | (Leno sid sawaIo of Ee eT fA RE PL 2202 4043: Sh me se QUOOSE 40 SSULNaTEBNROD “sl, NOGSAMSS QSURLN ye] d3A3054; a ~ Joy ff S . Co” “ey > sw ew &) ¢€ {> !

Go as Set Oe ee CO s 37 Wi ax oS ! □ oOo 3 ~< S &R nae at A - x 4 i fe | ‘phy ve Be 9 ems SY Ge 6 mk oD 4) - ie a ie Ou oe Be Go Be am