Hopkins v. Neven et al

Filing 2

ORDER DISMISSING CASE without prejudice to the filing of a new petition in a new action. Clerk of Court shall send petitioner two copies of an in forma pauperis application, one copy of the instructions, two copies of a blank 2254 habeas petition, and one copy of instructions for the same. 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. Signed by Judge James C. Mahan on 11/10/11. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 TYON HOPKINS, ) ) Petitioner, ) ) vs. ) ) D.W. NEVEN, et al., ) ) Respondents. ) ____________________________________/ 2:11-cv-01685-JCM-VCF ORDER 16 17 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, 18 by a Nevada state prisoner. Neither a filing fee nor an application to proceed in forma pauperis was 19 submitted with the petition. Petitioner must either submit the $5.00 filing fee for habeas petitions or 20 an application to proceed in forma pauperis. 21 22 IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice to the filing of a new petition in a new action. 23 IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of 24 an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two 25 copies of a blank 28 U.S.C. § 2254 habeas petition form, and one copy of instructions for the same. 26 1 2 3 4 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. 10th Dated this ______ day of November, 2011. 5 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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