Opinion
Case No. 3:13-cv-00556-LRH-WGC
2013-10-07
MELONIE LYNN SHEPPARD, Petitioner, v. STATE OF NEVADA, Respondent.
ORDER
Petitioner, who is in the custody of the Nevada Department of Corrections, has submitted a notice of appeal (#1) of a decision of the Nevada Supreme Court. This court does not have appellate jurisdiction over the Nevada Supreme Court. Based upon this court's examination of the Nevada Supreme Court's docket in Sheppard v. State, No. 61231, petitioner is challenging the validity of a state-court judgment of conviction. Petitioner's sole federal remedy for this type of challenge is a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Furthermore, petitioner has not submitted an in forma pauperis along with a statement of her inmate account and a signed financial certificate, as required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2. Under the circumstances, the court will dismiss this action and send the correct forms to petitioner. Petitioner may then commence a new action in this court with a complete application to proceed in forma pauperis and petition for a writ of habeas corpus.
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=29397 (report generated October 7, 2013).
IT IS THEREFORE ORDERED that the clerk of the court shall send petitioner a form application to proceed in forma pauperis and a form petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to petitioner commencing a new action in which she submits a complete application to proceed in forma pauperis and a complete petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The clerk of the court shall enter judgment accordingly.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE