Sanders v. Williams et al
Filing
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ORDER Denying 1 Application for Leave to Proceed in forma pauperis. This action is Dismissed Without Prejudice. All Pending Motions are Denied without prejudice. A Certificate of Appealability is Denied. Signed by Judge Jennifer A. Dorsey on 7/2/2014. (Copies have been distributed pursuant to the NEF; CC: Petitioner with required forms - SLR)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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DEBARON SANDERS,
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Petitioner,
Case No. 2:14-cv-01068-JAD-GWF
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vs.
ORDER
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BRIAN WILLIAMS, 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 his 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 his case, properly commencing a timely-filed federal habeas action,
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and properly exhausting his 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 that he 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 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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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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2nd
Dated this ______ day of July, 2014.
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UNITED STATES DISTRICT JUDGE
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