Saintal v. Foster et al

Filing 2

ORDER Granting 1 Petitioner's Motion/Application for Leave to Proceed in forma pauperis. The habeas corpus petition shall be filed by the Clerk of Court. The Clerk shall send petitioner the approved form for filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, the Instructions for Filing a Petition for Writ of Habeas Corpus, and a copy of the [1-1] habeas corpus petition submitted in this action. FURTHER ORDERED that within 30 days from the date of the ent ry of this order, petitioner shall file an amended petition on the approved form provided by the Court. Petitioner's failure to comply with this order will result in the dismissal of this action. Signed by Judge Andrew P. Gordon on 9/26/2013. (Copies have been distributed pursuant to the NEF - forms and copy mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PRISCELLA R. SAINTAL,
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Petitioner,
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vs.
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SHERYL FOSTER, et al.,
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Respondents.
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____________________________________/

2:13-cv-01295-APG-VCF
ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
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by a Nevada state prisoner.
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Petitioner has submitted an application to proceed in forma pauperis. (ECF No. 1). The
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application to proceed in forma pauperis establishes that the petitioner qualifies for in forma
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pauperis status. Petitioner shall be granted leave to proceed in forma pauperis, and shall not be
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required to pay the filing fee for this habeas corpus petition. The petition will be ordered filed, but
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not served on respondents.
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The petition was not submitted on the Court’s approved form. The Local Rules of Court
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require petitioners appearing pro se to file their petitions on the Court’s approved form. Local Rules
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of Special Proceedings 3-1 (“a petition for a writ of habeas corpus, filed by a person who is not
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represented by an attorney, shall be on the form provided by this court.”). The Court will provide

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petitioner with the approved form for filing a pro se petition for a writ of habeas corpus, and will

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provide petitioner an opportunity to file an amended petition.

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IT IS THEREFORE ORDERED that petitioner’s motion to proceed in forma pauperis

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(ECF No. 1) is GRANTED. Petitioner shall not be required to pay a filing fee to file the habeas

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corpus petition. The habeas corpus petition shall be FILED by the Clerk of Court.

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IT IS FURTHER ORDERED that the Clerk SHALL SEND petitioner the approved form

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for filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, as well as the

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document “Information and Instructions for Filing a Petition for Writ of Habeas Corpus Pursuant to

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28 U.S.C. § 2254.” The Clerk SHALL SEND petitioner a copy of the habeas corpus petition

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submitted in this action. (ECF No. 1-1).

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IT IS FURTHER ORDERED that within thirty (30) days from the date of the entry of this

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order, petitioner SHALL FILE an amended petition on the approved form provided by the Court.

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Petitioner’s failure to comply with this order will result in the dismissal of this action.

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26th
Dated this ______ day of September, 2013.

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UNITED STATES DISTRICT JUDGE
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