Smith v. Scillia et al

Filing 5

ORDER DISMISSING CASE. This action is DISMISSED without prejudice. Signed by Judge Philip M. Pro on 11/17/10. (Copies have been distributed pursuant to the NEF - ECS)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED: November 17, 2010. vs. ANTHONY SCILLIA, et al., Respondents. BRECK SMITH, Petitioner, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) )

2:10-CV-01596-PMP-PAL ORDER DISMISSING PETITION

This is an action initiated by Breck Smith, a state prisoner, who has submitted a petition for writ of habeas corpus and an application to proceed in forma pauperis. Based on the financial information submitted with the latter submission, the application was denied and Smith was directed to pay the $5 filing fee or renew his application for in forma pauperis status showing a change in his financial condition. Despite being given additional time to comply with the Court's order, Smith has neither paid the filing fee or renewed his application. IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. The Clerk shall enter judgment accordingly.

PHILIP M. PRO United States District Judge