Repass v. State Of Nevada

Filing 3

ORDER DISMISSING CASE without Prejudice. Copy of 1 and 2 Motions and two blank petition for writ of habeas corpus forms and one set of instructions mailed to petitioner. Signed by Judge James C. Mahan on 5/22/12. (Copies have been distributed pursuant to the NEF - ASB)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 CAMERON REPASS, 9 Petitioner, 10 vs. 11 STATE OF NEVADA, 12 Respondent. ) ) ) ) ) ) ) ) ) 2:12-cv-00336-JCM-GWF ORDER 13 14 Petitioner Cameron Repass has filed an application to proceed in forma pauperis and a 15 motion for appointment of counsel (ECF Nos. 1 and 2). He has not, however, submitted an actual 16 petition with which to commence the action. See Fed. R. Civ. P. 3. Without an initiating pleading, the 17 petition, the matter will be dismissed and the file closed. However, the clerk will be directed to send 18 petitioner the form and instruction for preparing a petition for writ of habeas corpus pursuant to 28 19 U.S.C. § 2254. The clerk shall also be directed to return to petitioner a copy of the documents he has 20 filed in this action. Once the petition is ready, petitioner may submit the in forma pauperis application 21 and motion for counsel, and the clerk shall open a new action. 22 23 24 25 26 IT IS THEREFORE ORDERED that the clerk shall send to petitioner two copies of the form and one set of instructions for preparing and filing a § 2254 habeas petition. IT IS FURTHER ORDERED that the clerk shall send to petitioner a copy of the in forma pauperis application and the motion for counsel petitioner has submitted in this case. 1 2 3 IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE. The clerk shall enter judgment accordingly. 22nd Dated this _____ day of May, 2011. 4 5 __________________________________ UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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