O'Keefe v. Gillespie et al

Filing 3

ORDER that the Clerk shall send petitioner a new motion for leave to proceed in forma pauperis form and instructions. Petitioner shall have 30 days from the date of entry of this order within which to file a motion for leave to proceed in forma pauperis or to have the full $5.00 filing fee sent to the clerk. FURTHER ORDERED that the Clerk shall send petitioner two copies of this order. If petitioner chooses not to submit a new motion for leave to proceed in forma pauperis, th en petitioner is ordered to make the necessary arrangements to have one copy of this order attached to the check in the amount of the full $5.00 filing fee within thirty (30) days from the date of entry of this order. Signed by Judge Miranda M. Du on 10/11/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRIAN KERRY O’KEEFE,

Case No. 2:12-cv-01388-MMD-CWH
Petitioner,

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ORDER
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v.
DOUG GILLESPIE, et al.,
Respondents.

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Petitioner has submitted a petition for writ of habeas corpus to the Court along

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with several other documents. (Dkt. no. 1.) Petitioner provides an order from the Ninth

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Circuit Court of Appeals stating that he has been granted leave to proceed in forma

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pauperis in another case on appeal. Even if he has been granted pauper status in

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another case, to properly initiate the instant action, petitioner must submit either a motion

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for leave to proceed in forma pauperis or payment of the $5.00 filing fee. Petitioner shall

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be sent a motion for leave to proceed in forma pauperis form, should he wish to apply for

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pauper status, and alternatively given an opportunity to pay the requisite filing fee.

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IT IS THEREFORE ORDERED that the Clerk shall send to petitioner a new

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motion for leave to proceed in forma pauperis form and instructions therefor. Petitioner

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shall have thirty (30) days from the date of entry of this order within which to file a motion

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for leave to proceed in forma pauperis. Alternatively, petitioner shall have thirty (30) days

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from the date of entry of this order within which to have the full $5.00 filing fee sent to the

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clerk. Petitioner’s failure to either submit a fully completed motion for leave to proceed in

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forma pauperis or the filing fee may result in the dismissal of this action.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies of this

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order. If petitioner chooses not to submit a new motion for leave to proceed in forma

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pauperis, then petitioner is ordered to make the necessary arrangements to have one

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copy of this order attached to the check in the amount of the full $5.00 filing fee within

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thirty (30) days from the date of entry of this order.

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DATED THIS 11th day of October 2012.

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UNITED STATES DISTRICT JUDGE

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