Agavo v. Neven et al

Filing 2

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. Petitioner shall have 30 days from the date of this order in which to have $5.00 filing fee sent to the clerk of court. IT IS FURTHER ORDERED that the clerk of cour t SHALL SEND petitioner two copies of this order. IT IS FURTHER ORDERED that the clerk of court shall RETAIN the petition but not file it at this time. Signed by Judge James C. Mahan on 9/27/2013. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REYNALDO AGAVO,
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Petitioner,
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vs.
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DWIGHT NEVEN, et al.,
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Respondents.
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____________________________________/

2:13-cv-01741-JCM-CWH
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. Petitioner has submitted a motion for leave to proceed in forma pauperis
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and a petition for a writ of habeas corpus. Based on the information regarding petitioner's financial
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status, the motion to proceed in forma pauperis is denied. Petitioner must pay the $5.00 filing fee
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for habeas corpus actions. 28 U.S.C. § 1914(a). Petitioner shall be given an opportunity to pay the
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fee in this action.
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IT IS THEREFORE ORDERED that the motion for leave to proceed in forma pauperis
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(ECF No. 2) is DENIED. Petitioner shall have thirty (30) days from the date this order is entered in
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which to have the $5.00 filing fee sent to the clerk of court. Failure to do so may result in the
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dismissal of this action.
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IT IS FURTHER ORDERED that the clerk of court SHALL SEND petitioner two copies

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of this order. Petitioner is ordered to make the necessary arrangements to have one copy of this order

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attached to the check in the amount of the $5.00 filing fee.

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IT IS FURTHER ORDERED that the clerk of court shall RETAIN the petition but not file
it at this time.
27th
Dated this ______ day of September, 2013.

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UNITED STATES DISTRICT JUDGE
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