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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 PIERRE CARL BERGERE, 11 12 13 14 15 ) ) Petitioner, ) ) vs. ) ) D.W. NEVEN, et al., ) ) Respondents. ) ____________________________________/ 2:12-cv-00080-JCM-PAL ORDER 16 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, 17 by a Nevada state prisoner. Petitioner has submitted a habeas petition and seeks leave to proceed in 18 forma pauperis. (ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees, 19 a prisoner seeking to proceed in forma pauperis “shall submit a certified copy of the trust fund 20 account statement (or institutional equivalent) for the prisoner for the 6-month period immediately 21 preceding the filing of the complaint . . . obtained from the appropriate official of each prison at 22 which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(1), (2). Petitioner in the instant action 23 has failed to submit an in forma pauperis application that provides the necessary financial 24 information and includes a financial certificate signed by an authorized prison or jail officer. 25 26 1 IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT 2 PREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis 3 application in compliance with 28 U.S.C. § 1915(a). 4 IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of 5 an in forma pauperis application form for a prisoner, one copy of the instructions for same, two 6 copies of a blank 28 U.S.C. § 2254 habeas corpus form, one copy of instructions for the same, and a 7 copy of the petition (ECF No. 1-1) in this action. 8 9 10 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. 11 Dated this ______ day of January, 2012. 23rd 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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