Camacho v. State of Nevada et al

Filing 3

ORDER Denying 1 Application for Leave to Proceed in forma pauperis. Petitioner shall have 30 days from the date this order to either pay the $5.00 filing fee or submit a fully completed application to proceed in forma pauperis. Amended Caption Page to Petition due within 30 days. Signed by Judge Miranda M. Du on 11/2/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAURA BADILLO CAMACHO,

Petitioner,

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***
Case No. 2:12-cv-01834-MMD-CWH
ORDER

v.
STATE OF NEVADA,
Respondent.

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Petitioner Laura Badillo Camacho has filed a pro se petition for writ of habeas

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corpus, pursuant to 28 U.S.C. § 2254 (dkt. no. 1). Petitioner’s application to proceed in

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forma pauperis is incomplete, as it does not contain a financial certificate completed by

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an authorized prison officer. The application must therefore be denied. Petitioner will

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be granted thirty (30) days to either pay the $5.00 filing fee or submit a new, fully

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completed application to proceed in forma pauperis.

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Second, petitioner has named the State of Nevada and the Attorney General of

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the State of Nevada as respondents on the face of her petition. However, a petitioner

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must name the state officer who has custody of him or her as the respondent in a

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federal habeas petition.

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Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir.1994). This person

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typically is the warden of the facility in which the petitioner is incarcerated. “Failure to

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name the petitioner’s custodian as a respondent deprives federal courts of personal

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jurisdiction.” Stanley, 21 F.3d at 360. If petitioner fails to name the proper respondent

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in his or her petition, the court may allow petitioner to amend the petition to name the

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correct respondent. See id. As such, petitioner will also be granted thirty days to file

Rule 2(a), Rules Governing Section 2254 Proceedings;

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amended caption page, naming the proper respondent, who is the state officer who

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currently has custody over petitioner.
IT IS THEREFORE ORDERED that petitioner’s application for leave to proceed

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in forma pauperis (dkt. no. 1) is DENIED.

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IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the

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date this order is entered to either (1) pay the $5.00 filing fee or (2) submit a fully

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completed application to proceed in forma pauperis, including a financial certificate

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signed by an authorized prison officer showing the status of petitioner’s prison account.

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Failure to take one of these actions within the time allowed may result in dismissal of

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this action.
IT IS FURTHER ORDERED that the Clerk shall SEND to petitioner the approved

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form for an application to proceed in forma pauperis.

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IT IS FURTHER ORDERED that the Clerk shall SEND to petitioner two copies of

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this order. If petitioner wishes to pay the five dollar ($5) filing fee (the first option,

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above), petitioner must make the necessary arrangements to have one copy of this

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order, along with a check in the amount of the full $5 filing fee, sent to the court, by

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sending a copy of the order with a “brass slip” to Inmate Services for issuance of the

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check.

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IT IS FURTHER ORDERED that the Clerk shall retain the petition for a writ of
habeas corpus but shall not file it at this time.

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IT IS FURTHER ORDERED that petitioner has thirty (30) days from the date of

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entry of this order to file an amended caption page that names the proper respondent.

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Petitioner is expressly cautioned that failure to do so may result in the dismissal of the

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petition.

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DATED THIS 2nd day of November 2012.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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