Brass v. Williams et al

Filing 2

ORDER that this action is Dismissed without prejudice to the filing of a new petition in a new action. The Clerk of the Court shall send petitioner two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two copies of a blank 28 U.S.C. 2254 habeas petition form, one copy of instructions for the same, and one copy of the 1 papers submitted. Petitioner may file a new petition in a new action, but he may not file further documents in this action. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Gloria M. Navarro on 11/7/2013. (Copies have been distributed pursuant to the NEF - forms and copies sent to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GEORGE BRASS,

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Petitioner,
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vs.
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BRIAN WILLIAMS, SR., et al.,
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Respondents.
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____________________________________/

2:13-cv-02020-GMN-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. Neither a filing fee nor an application to proceed in forma pauperis was

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submitted with the petition. Petitioner must either submit the $5.00 filing fee for habeas petitions or

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an application to proceed in forma pauperis.

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Due to the defects presented, the pauper application will be denied, and the present action

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will be dismissed without prejudice to the filing of a new petition in a new action with a pauper

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application with all required attachments. It does not appear from the papers presented that a

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dismissal without prejudice would result in a promptly-filed new petition being untimely. In this

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regard, plaintiff at all times remains responsible for calculating the running of the limitations period

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as applied to his case and properly commencing a timely-filed habeas corpus action.

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IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice to the
filing of a new petition in a new action.
IT FURTHER IS ORDERED that the Clerk of the Court shall send petitioner two copies of

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an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two

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copies of a blank 28 U.S.C. § 2254 habeas petition form, one copy of instructions for the same, and

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one copy of the papers submitted at ECF No. 1.

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IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but he
may not file further documents in this action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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DATED this 7th day of November, 2013.

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Gloria M. Navarro
United States District Judge

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