Willis v. Las Vegas Clark County

District Court, D. Nevada

Willis v. Las Vegas Clark County

Trial Court Opinion

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4

5 JASON WILLIS, Case No. 2:22-cv-01632-CDS-NJK

6 Petitioner, SCREENING ORDER

v. 7

8 CLARK COUNTY, NEVADA,

9 Respondent.

10

11 Petitioner, Jason Willis, has filed a petition for a writ of habeas corpus under

28 U.S.C. § 12

2241. ECF No. 1. The court has reviewed the petition under Rule 4 of the Rules Governing 13 Section 22541 and concludes that it shall be dismissed without leave to amend. 14 Rule 4 provides in pertinent part: 15 If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the 16 petition and direct the clerk to notify the petitioner.

17 “‘[N]otice’ pleading is not sufficient, for the petition is expected to state facts that point to a ‘real 18 possibility of constitutional error.’” Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 19

431 F.2d 688, 689

(1st Cir. 1970). Allegations in a petition that are vague, conclusory, or palpably 20 incredible are subject to summary dismissal. Hendricks v. Vasquez,

908 F.2d 490, 491

(9th Cir. 21 1990). 22 Willis’s petition indicates that he is currently confined in the Clark County jail. The 23 petition is, for the most part, incomprehensible. It does not state facts pointing to a real 24 possibility of constitutional error with respect to Willis’s confinement. Thus, it plainly appears 25 that he is not entitled to relief in this court. 26 27 28 2 dismissed without leave to amend. The Clerk shall enter judgment accordingly and close this 3 case. 4 IT IS FURTHER ORDERED that the Court declines to issue a certificate of appealability 5 as reasonable jurists would not find the Court’s decision to be debatable or wrong. 6 IT IS FURTHER ORDERED that the Clerk is directed to electronically serve a copy of 7 this order and the petition on the respondents via the Clark County District Attorney’s office. 8 DATED: September 30, 2022.

9

10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
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