Johnstone v. Nevada Territorial Local Jurisdiction of Public Offense ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ROBERT JOHNSTONE, Case No. 3:23-cv-00596-ART-CLB 4 Petitioner, ORDER v. 5 NEVADA TERRITORIAL LOCAL 6 JURISDICTION OF PUBLIC OFFENSE, et al., 7 Respondents. 8 9 Pro se Petitioner Robert Johnstone has filed a handwritten purported 10 habeas corpus petition under 28 U.S.C. § 1332. (ECF No. 1-2.) Johnstone is a 11 prisoner in the custody of the Nevada Department of Corrections and is currently 12 housed at Northern Nevada Correctional Center. Because Johnstone is in custody 13 pursuant to a state-court judgment of conviction, the only proper basis for his 14 federal habeas claims is under 28 U.S.C. § 2254. See White v. Lambert, 370 F.3d 15 1002, 1005–07 (9th Cir. 2004), overruled on other grounds by Hayward v. 16 Marshall, 603 F.3d 546, 555 (9th Cir. 2010) (en banc). As such, in addition to not 17 filing his petition on a court-approved form, Johnstone has also not filed his 18 petition under the appropriate statute. Johnstone must, within 45 days of the 19 date of this order, file an amended petition on the § 2254 form for state prisoners. 20 It is therefore ordered that Petitioner Robert Johnstone must file an 21 amended petition on the § 2254 form within 45 days of the date of this order. 22 Johnstone must label it “Amended Petition” and place the case number, 3:23-cv- 23 00596-ART-CLB, in the designated space. Johnstone’s failure to timely comply 24 with this Order will result in the dismissal of this action without prejudice and 25 without further advance notice. 26 // 27 // 28 // 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 8 ANNE R. TRAUM 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28