Opinion
Case No. 2:20-cv-00385-JAD-NJK
04-14-2020
Craig Ivan Gilbert, Petitioner v. Eric Bossi, et al., Respondents
Order Dismissing Petition and Denying Motions
[ECF Nos. 1, 4]
Petitioner Craig Ivan Gilbert has filed what he has styled as a pro se habeas corpus petition that is not on the court-required form. Gilbert has also failed to submit an application to proceed in forma pauperis or pay the filing fee, though he did submit a handwritten statement attesting that he has no income or assets. As a result, this matter has not been properly commenced.
28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2.
Gilbert also has not presented his claims to the highest Nevada state court. According to Gilbert, a pretrial detainee, the state district court has ordered him involuntarily committed for mental-health treatment and forcibly medicated. He characterizes his commitment as "kidnapping . . . for purpose of commercially exploiting his intellect over federal communication commission regulated air waves and other commercial venues."
ECF No. 1-1; ECF No. 3.
ECF No. 1-1.
A federal court will not grant a state prisoner's petition for habeas relief until the prisoner has exhausted his available state remedies for all claims raised. A petitioner must give the state courts a fair opportunity to act on each of his claims before he presents those claims in a federal habeas petition. A claim remains unexhausted until the petitioner has given the highest available state court the opportunity to consider the claim through direct appeal or state collateral review proceedings.
Rose v. Lundy, 455 U.S. 509 (1982); 28 U.S.C. § 2254(b).
O'Sullivan v. Boerckel, 526 U.S. 838, 844 (1999); see also Duncan v. Henry, 513 U.S. 364, 365 (1995).
See Casey v. Moore, 386 F.3d 896, 916 (9th Cir. 2004); Garrison v. McCarthey, 653 F.2d 374, 376 (9th Cir. 1981).
Here, Gilbert states that the commitment and involuntary medication order is dated March 20, 2020. The court takes judicial notice of the fact that Gilbert did not first exhaust his state-court remedies. Accordingly, this federal petition must be dismissed without prejudice, and Gilbert's pending motions are denied as moot.
ECF No. 3 at 4. --------
Order
IT IS THEREFORE ORDERED that the Clerk is directed to DETACH AND FILE THE PETITION (ECF No. 1-1).
IT IS FURTHER ORDERED that the petition is DISMISSED without prejudice.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that petitioner's incomplete application to proceed in forma pauperis and motion to make file correction [ECF Nos. 1, 4] are DENIED as moot. IT IS FURTHER ORDERED that the Clerk is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
Dated: April 14, 2020
/s/_________
U.S. District Judge Jennifer A. Dorsey