Chambers v. Nevens et al

Filing 4

ORDER that this action is DISMISSED without prejudice. Signed by Judge Miranda M. Du on 4/1/2013. (Copies have been distributed pursuant to the NEF CC: Petitioner with required documents - SLR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

ANDREW EARL CHAMBERS,

10

Petitioner,

11
12

Case No. 2:13-cv-00489-MMD-GWF
ORDER

v.
WARDEN NEVENS, et al.,

13

Respondents.

14
15

Petitioner, who is a prisoner in the custody of the Nevada Department of

16

Corrections, has a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254

17

(dkt. no. 1). The Court dismisses this action because petitioner did not pay the filing fee

18

and did not file an application to proceed in forma pauperis, together with a signed

19

financial certificate and a copy of his inmate account statement, as required by 28

20

U.S.C. § 1915(a)(2) and Local Rule LSR 1-2.

21

IT IS THEREFORE ORDERED that the Clerk of the Court shall send petitioner a

22

blank form for an application to proceed in forma pauperis for incarcerated litigants and

23

a blank § 2254 habeas corpus petition form with instructions.

24

IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to

25

petitioner’s commencement of a new action in which he either pays the filing fee in full

26

or submits a complete application to proceed in forma pauperis, accompanied by a

27

///

28

///

1

signed financial certificate and a statement of his inmate account. The Clerk of the

2

Court shall enter judgment accordingly.

3

DATED THIS 1st day of April 2013.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE