Corbin v. North Las Vegas Detention Center et al
Filing
2
ORDER that this action shall be DISMISSED without prejudice.The clerk of court shall SEND petitioner along with this order two copies each of the inmate pauper and civil rights complaint forms, one copy of the instructions for each form, and one copy of the papers that he submitted in this action. The clerk further shall enter final judgment dismissing this action without prejudice. Signed by Judge James C. Mahan on 11/20/2012. (Copies have been distributed pursuant to the NEF - SLD)
1
2
3
4
5
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
6
7
8
WILLIAM S. CORBIN,
9
Petitioner,
10
vs.
11
12
13
2:12-cv-01985-JCM-VCF
ORDER
NORTH LAS VEGAS DETENTION
CENTER, et al.
Respondents.
14
15
16
This prisoner action initiated by a North Las Vegas, Nevada detainee comes before
the court for initial review.
17
Petitioner in essence sought to commence a civil rights action under 42 U.S.C. § 1983
18
challenging his conditions of confinement on a petition form for a habeas matter under 28
19
U.S.C. § 2254.
20
The papers presented are subject to multiple substantial defects.
21
First, under LSR 3-1 of the court’s local rules, petitioner must use the court’s required
22
form for an application to proceed in forma pauperis.
Petitioner presented a mixed
23
assortment of papers in the current application, including some pages from the required form
24
mixed in with pages from other documents. Petitioner instead must use the complete form,
25
and only pages from the form, to apply for pauper status.
26
Second, petitioner failed to attach the required financial materials with the pauper
27
application. Under 28 U.S.C. § 1915(a)(2) and LSR 1-2 of the local rules, petitioner must
28
attach both an inmate account statement for the past six months and a financial certificate
1
properly executed by an authorized institutional officer. Petitioner did not attach a copy of his
2
inmate account statement for the past six months. The financial certificate that he submitted
3
further was not executed by an authorized institutional officer. Petitioner instead attempted
4
to fill out the portion of the certificate that instead must be filled out by an authorized officer.
5
That is not sufficient.
6
Third, under LSR 1-4 of the local rules, petitioner must use the court’s required civil
7
rights complaint form to file a civil rights action. He may not file a civil rights action on a
8
habeas petition form.
9
Fourth, petitioner failed to name an appropriate defendant. The North Las Vegas
10
Detention Center is a building, not a juridical entity subject to being sued. Further, nothing
11
in the allegations, which concern conditions of confinement in the detention facility, state a
12
claim against the state attorney general.
13
Due to these multiple substantial defects, the petition in this improperly-commenced
14
action will be dismissed without prejudice. Given that the action concerns recent conditions
15
of confinement, it does not appear that a dismissal without prejudice would materially affect
16
the analysis of either the timeliness of a promptly-filed new complaint or other issues therein.
17
IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice.
18
The clerk of court shall SEND petitioner along with this order two copies each of the
19
inmate pauper and civil rights complaint forms, one copy of the instructions for each form, and
20
one copy of the papers that he submitted in this action.
21
22
The clerk further shall enter final judgment dismissing this action without prejudice.
DATED:
November 20, 2012.
23
24
25
_________________________________
JAMES C. MAHAN
United States District Judge
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?