Griffith v. Williams

Full title: JASON O. GRIFFITH, Petitioner v. BRIAN WILLIAMS, et al, Respondents.

Court: United States District Court, District of Nevada

Date published: Aug 24, 2023

2:23-cv-00853-RFB-BNW (D. Nev. Aug. 24, 2023)

Opinion

2:23-cv-00853-RFB-BNW

08-24-2023

JASON O. GRIFFITH, Petitioner v. BRIAN WILLIAMS, et al, Respondents.

RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT AND DIRECTING PETITIONER TO FILE AMENDED PETITION

RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

Jason O. Griffith, who is incarcerated at Nevada's High Desert State Prison, has submitted a pro se 28 U.S.C. § 2254 petition for writ of habeas corpus. (ECF No. 3-1.) He has now paid the filing fee, so his application to proceed in forma pauperis is denied as moot. (ECF No. 3.) Having screened the petition, the Court directs Petitioner to file an amended petition as outlined below.

Griffith has not substantially complied with the instructions on the form petition that the petition must be concise and legible. The first three pages of the petition are on the Court's required form. See LSR 3-1. The remaining 148 pages are handwritten and not particularly legible. Further, the Court can't discern where one claim ends and another begins because they are not clearly labeled. As the form petition states above the space for each ground: “State concisely every ground for which you claim that the state court conviction and/or sentence is unconstitutional. Summarize briefly the facts supporting each ground.” (emphases added.) The claims seem to run into one another and are frequently redundant. The Court appreciates that Griffith seeks to be thorough. But while he needs to articulate the constitutional right he alleges was violated, he need not include lengthy legal standards or repeat those standards. It does not serve judicial efficiency for the Court to comb through more than 150 pages and attempt to identify and separate claims. (See, e.g., Olivia v. Sullivan, 958 F.2d 272, 273 (9^th Cir. 1992) (the district court has inherent authority to manage its docket.) The Court will give Griffith 60 days to file an amended petition on the Court's form or substantially following the form. If he fails to comply this action will be dismissed.

IT IS THEREFORE ordered that Petitioner's application to proceed in forma pauperis (ECF No. 3) is DENIED as moot.

IT IS FURTHER ORDERED that Petitioner file an amended petition as described in this order on the Court's form within 60 days of the date of this order.

IT IS FURTHER ORDERED that if Petitioner fails to comply with this order, this action may be dismissed.

IT IS FURTHER ORDERED that the Clerk of Court SEND to Petitioner one copy of the form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, with instructions.