Johnstone v. Nevada Territorial Local Jurisdiction of Public Offense

Opinion

ROBERT JOHNSTONE, Case No. 3:23-cv-00596-ART-CLB

Petitioner, ORDER v. NEVADA TERRITORIAL LOCAL et al., Respondents. Pro se Petitioner Robert Johnstone has filed a handwritten purported habeas corpus petition under 28 U.S.C. § 1332. (ECF No. 1-2.) Johnstone is a prisoner in the custody of the Nevada Department of Corrections and is currently housed at Northern Nevada Correctional Center. Because Johnstone is in custody pursuant to a state-court judgment of conviction, the only proper basis for his federal habeas claims is under 28 U.S.C. § 2254. See White v. Lambert, 370 F.3d 1002, 1005–07 (9th Cir. 2004), overruled on other grounds by Hayward v. Marshall, 603 F.3d 546, 555 (9th Cir. 2010) (en banc). As such, in addition to not filing his petition on a court-approved form, Johnstone has also not filed his petition under the appropriate statute. Johnstone must, within 45 days of the date of this order, file an amended petition on the § 2254 form for state prisoners. It is therefore ordered that Petitioner Robert Johnstone must file an amended petition on the § 2254 form within 45 days of the date of this order. Johnstone must label it “Amended Petition” and place the case number, 3:23-cv- 00596-ART-CLB, in the designated space. Johnstone’s failure to timely comply with this Order will result in the dismissal of this action without prejudice and without further advance notice. // // // 1 It is further ordered that the Clerk of Court send Johnstone two blank 2 copies of the form “petition for a writ of habeas corpus pursuant to 28 U.S.C. § 3 2254” along with instructions and a copy of his petition (ECF Nos. 1-2, 1-3). 4 5 DATED THIS 4th day of December 2023. 6 7 Aas posed dn 9 UNITED STATES DISTRICT JUDGE