Barraza v. Gentry et al

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED and that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new petition in a new action with a properly completed pauper application with all new and com plete financial attachments. all pending motions are DENIED without prejudice. Petitioner may file a new petition and in forma pauperis application in a new action, but may not file further documents in this action. The Clerk shall enter judgment acc ordingly. FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Jennifer A. Dorsey on 5/19/14. (Copies have been distributed pursuant to the NEF; blank forms w/instructions and copy of papers submitted to petitioner - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JESSICA BARRAZA,
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Petitioner,

Case No. 2:14-cv-00766-JAD-NJK

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vs.

ORDER

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J. GENTRY, et al.,
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Respondents.
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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §

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2254, by a Nevada state prisoner. This matter has not been properly commenced because petitioner

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submitted incomplete financial paperwork. Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2,

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petitioner must attach both an inmate account statement for the past six months and a properly

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executed financial certificate. Petitioner in the instant action has failed to submit an in forma

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pauperis application that provides the necessary financial information. Petitioner failed to include a

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copy of her inmate account statement and failed to submit a financial certificate signed by an

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authorized prison or jail officer. The Court is unable to see, inter alia, the regularity and amount of

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any incoming funds as well as the extent to which petitioner is making discretionary expenditures

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that instead could be applied to payment of the filing fee.

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Due to the defects presented, the pauper application will be denied, and the present action
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, petitioner at all times remains responsible for calculating the running of the federal

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limitation period as applied to her case, properly commencing a timely-filed federal habeas action,

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and properly exhausting all claims in the state courts.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (Doc.

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1) is DENIED and that this action is DISMISSED WITHOUT PREJUDICE to the filing of a

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new petition in a new action with a properly completed pauper application with all new and

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complete financial attachments.

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IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice.

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IT IS FURTHER ORDERED that the Clerk of Court shall send petitioner two copies each

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of an application form to proceed in forma pauperis for incarcerated persons and a noncapital

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Section 2254 habeas petition form, one copy of the instructions for each form, and a copy of the

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papers submitted in this action.

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IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis
application in a new action, but 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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IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Reasonable

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jurists would not find the dismissal of the improperly-commenced action without prejudice to be

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debatable or wrong.

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Dated: May 19, 2014.
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UNITED STATES DISTRICT JUDGE
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