Aquino v. Neven et al

Filing 3

ORDER DISMISSING CASE without prejudice to the filing of a new petition in a new action. Clerk shall send petitioner two copies of an in forma pauperis application, once copy of instructions, two copies of blank 2254 petition, and one copy of instructions. IT IS FURTHER ORDERED that all pending motions are denied as moot. Clerk shall enter judgment. Signed by Judge James C. Mahan on 9/9/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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REYNALDO AQUINO,

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Petitioner,
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vs.
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DWIGHT NEVEN, et al.,
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Respondents.
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____________________________________/

2:11-cv-01405-JCM-GWF
ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,

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by a Nevada state prisoner. Neither a filing fee nor an application to proceed in forma pauperis was

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submitted with the petition. Petitioner must either submit the $5.00 filing fee for habeas petitions or

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an application to proceed in forma pauperis.

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IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice to the
filing of a new petition in a new action.

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IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of

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an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two

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copies of a blank 28 U.S.C. § 2254 habeas petition form, and one copy of instructions for the same.

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IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but he
may not file further documents in this action.

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IT IS FURTHER ORDERED that all pending motions are denied as moot.

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IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly.

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9th
Dated this ______ day of September, 2011.

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UNITED STATES DISTRICT JUDGE
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