Hopkins v. Neven et al

Filing 2

ORDER DISMISSING CASE without prejudice. Clerk shall enter judgment accordingly. Clerk of the Court shall send petitioner two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two copies of a blank 28 U.S.C. § 2254 habeas petition form, one copy of instructions for the same, and a copy of the petition filed in this action (ECF No. 1 ). Signed by Judge Philip M. Pro on 9/8/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TYON HOPKINS,

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Petitioner,
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vs.
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D.W. NEVEN, et al.,
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Respondents.
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____________________________________/

2:11-cv-01434-PMP-PAL
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.
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, one copy of instructions for the same, and a

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copy of the petition filed in this action (ECF No. 1).

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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.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.
DATED: September 8, 2011.

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PHILIP M. PRO
United States District Judge