Bergere v. Neven et al

Filing 5

ORDER that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis application in compliance with 28 U.S.C. § 1915(a). The clerk of the court shall send petitioner two copies o f an in forma pauperis application form for a prisoner, one copy of the instructions for same, two copies of a blank 28 U.S.C. § 2254 habeas corpus form, one copy of instructions for the same, and a copy of the petition (ECF No. 1-1) in this act ion. Petitioner may file a new petition and in forma pauperis application in a new action, but he may not file further documents in this action. Clerk of the court shall enter judgment accordingly. Signed by Judge James C. Mahan on 1/23/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PIERRE CARL BERGERE,
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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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____________________________________/

2:12-cv-00080-JCM-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. Petitioner has submitted a habeas petition and seeks leave to proceed in
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forma pauperis. (ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees,
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a prisoner seeking to proceed in forma pauperis “shall submit a certified copy of the trust fund
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account statement (or institutional equivalent) for the prisoner for the 6-month period immediately
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preceding the filing of the complaint . . . obtained from the appropriate official of each prison at
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which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(1), (2). Petitioner in the instant action
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has failed to submit an in forma pauperis application that provides the necessary financial
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information and includes a financial certificate signed by an authorized prison or jail officer.
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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT

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PREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis

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application in compliance with 28 U.S.C. § 1915(a).

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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 same, two

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

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

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IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis
application 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.

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Dated this ______ day of January, 2012.
23rd
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UNITED STATES DISTRICT JUDGE
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