Adoka v. Holder et al
Filing
2
ORDER DISMISSING CASE without prejudice. Signed by Judge Miranda M. Du on 5/23/2013. (Copies have been distributed pursuant to the NEF; CC: Petitioner with required forms - SLR)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
***
7
ABRAHAM LAMIN ADOKA,
Petitioner,
8
ORDER
v.
9
10
Case No. 2:13-cv-00796-MMD-NJK
ERIC H. HOLDER, JR.,
Respondents.
11
12
13
This habeas matter comes before the Court for initial review.
14
The papers presented are subject to multiple defects.
15
First, under Local Rule LSR 1-1, a litigant seeking to proceed without paying the
16
filing fee must file an application to proceed in forma pauperis on the Court’s required
17
form. Petitioner did not use the required form but instead submitted a typewritten
18
application styled as an application for a fee waiver. Petitioner must use the required
19
form.
20
Second, under Local Rule LSR 1-2, a pauper application submitted by an
21
incarcerated or institutionalized person must be accompanied by both a financial
22
certificate executed by an authorized institutional officer and a statement of his inmate
23
trust account for the prior six months. Petitioner, who is in the Henderson Detention
24
Center, attached neither.1
25
26
27
28
1
The Court does not imply that an immigration detainee must comply with the
requirements of the Prisoner Litigation Reform Act (PLRA), as an immigration detainee
does not constitute a “prisoner under” that Act. See 28 U.S.C. § 1915(h). Local Rule
LSR 1-2, however, is not limited to persons detained or incarcerated in connection with
criminal proceedings. The Court uses the financial materials required by the local rule
to evaluate the financial ability to pay of persons in all types of custody. Petitioner
should note that the filing fee for a habeas action is $5.00.
1
Third, under Local Rule LSR 3-1, a petition for a writ of habeas corpus filed pro
2
se must be on the Court’s required form. The required form for a § 2241 petition is an
3
AO 242 form. The typewritten petition did not use the required form.
4
Given the nature of the petition presented, which challenges petitioner’s
5
detention pending removal, it does not appear that a dismissal without prejudice of this
6
improperly-commenced action will constitute the functional equivalent of a dismissal
7
with prejudice.
8
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice
9
to the filing of a new petition on the required form in a new action under a new docket
10
number accompanied by either the required filing fee or a properly completed
11
application to proceed in forma pauperis, with all required attachments.
12
The Clerk of Court shall send petitioner two (2) copies of an AO 242 form (which
13
includes instructions), two (2) copies of a pauper form for a person in custody, one (1)
14
copy of the instructions for the pauper form, and a copy of the papers that he submitted
15
in this action.
16
17
The Clerk shall enter final judgment accordingly, dismissing this action without
prejudice.
18
19
DATED THIS 23rd day of May 2013.
20
21
22
23
24
25
26
27
28
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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?