Stewart v. State of Nevada ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 TOMMY STEWART, Case No. 2:21-cv-01245-RFB-NJK 8 Petitioner, ORDER 9 v. 10 NEVADA, STATE OF, et al., 11 Respondents. 12 Petitioner Tommy Stewart has submitted what he has styled as a pro se notice of 13 appeal of the denial of his state petition for writ of habeas corpus (ECF No. 1-1). His filing 14 suffers from several defects. First, he has failed to include either the $5.00 filing fee or a 15 fully completed application to proceed in forma pauperis. Local Rule LSR 1-2. 16 Second, to challenge his state court conviction or sentence in federal court he must 17 file a federal petition for writ of habeas corpus and that petition must be on the court’s 18 form. This court may entertain a petition for writ of habeas corpus “in behalf of a person 19 in custody pursuant to the judgment of a State court only on the ground that he is in 20 custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. 21 § 2254(a). Alleged errors in the interpretation or application of state law do not warrant 22 habeas relief. Hubbart v. Knapp, 379 F.3d 773, 779-80 (9th Cir. 2004). 23 Accordingly, this action will be dismissed as improperly commenced and for failure 24 to state a claim for which relief may be granted. 25 IT IS THEREFORE ORDERED that this action is dismissed without prejudice as 26 improperly commenced and for failure to state a claim cognizable in federal habeas 27 corpus. ' IT IS FURTHER ORDERED that a certificate of appealability is denied. 2 IT IS FURTHER ORDERED that the Clerk SEND to petitioner one copy of the application to proceed in forma pauperis with instructions and one copy of the court’s form ‘ 28 U.S.C. § 2254 habeas corpus petition. ° IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close 6 this case. 8 DATED: 4 August 2021. 10 AS RICHARS-& BOLLYWARE, II 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28