Chambers v. Nevens et al

Filing 7

ORDER Granting 6 Motion for District Judge to Reconsider. The 4 order and the 5 Judgment dismissing this action is VACATED, and this action is REINSTATED. Payment of filing fee due within 30 days. Signed by Judge Miranda M. Du on 4/11/2013. (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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***

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ANDREW EARL CHAMBERS,

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Case No. 2:13-cv-00489-MMD-GWF
Petitioner,

ORDER

v.
WARDEN NEVENS, et al.,
Respondents.

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The Court dismissed this action because petitioner neither filed an application to

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proceed in forma pauperis nor paid the filing fee. Petitioner has submitted a motion to

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reconsider (dkt. no. 6). He first states that he intended to pay the filing fee but that he

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was waiting for an order from the Court telling him to do that. Petitioner’s excuse is

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unconvincing. If he truly had intended to pay the filing fee, then he would have paid the

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filing fee. He needed no order from the Court to do that. Petitioner next states that the

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date he mailed his petition for a writ of habeas corpus is important for the issue of

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timeliness. For that reason, and based upon the Court’s preliminary calculations, the

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Court will grant petitioner relief.

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IT IS THEREFORE ORDERED that petitioner’s motion to reconsider (dkt. no.6)

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is GRANTED. The order (dkt. no. 4) and the judgment (dkt. no. 5) dismissing this action

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are VACATED, and this action is REINSTATED.

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IT IS FURTHER ORDERED that petitioner shall make the necessary

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arrangements to pay the filing fee of five dollars ($5.00), accompanied by a copy of this

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order. Petitioner shall have thirty (30) days from the date that this order is entered to

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comply. Failure to comply will result in the dismissal of this action.

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DATED THIS 11th day of April 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE