Harvey v. Attorney General for the State of Nevada et al

Filing 3

ORDER that this action is DISMISSED without prejudice and Petitioner is denied a certificate of appealability. The Clerk of the Court shall enter judgment accordingly and add Adam Paul Laxalt, Attorney General of the State of Nevada to the CM/ECF docket as counsel for Respondents. Signed by Judge Richard F. Boulware, II on 8/12/2015. (Copies have been distributed pursuant to the NEF - documents 1 and 2 regenerated to Respondents - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8

***
FREDERICK D. HARVEY,

9

Petitioner,

10

vs.

11

Case no. 2:14-cv-01234-RFB-PAL

ATTORNEY GENERAL, et al.

ORDER

12

Respondents.

13
14

In this habeas corpus action, brought by Nevada prisoner Frederick D. Harvey, in an order

15

entered on June 30, 2015, the court denied Harvey’s application to proceed in forma pauperis and

16

ordered him to pay the $5.00 filing fee or submit a new in forma pauperis application. See Order entered

17

June 29, 2015 (ECF No. 2). The court granted Harvey 30 days -- until July 30, 2015 -- to take such

18

action. See id. The court warned that failure to comply would result in the dismissal of this action. See

19

id.

20

Harvey did not, by July 30, 2015, pay the filing fee or file a new application to proceed

21

in forma pauperis, and he took no other action. Therefore, the court will dismiss this action without

22

prejudice.

23

///

24

///

25

///

26

1

IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice.

2

IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability.

3

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

4

IT IS FURTHER ORDERED that the clerk of the court shall add Adam Paul Laxalt, Attorney

5

General of the State of Nevada, to the CM/ECF docket, as counsel for respondents. The clerk of court

6

shall serve respondents with a copy of the habeas corpus petition (attached to the application to proceed

7

in forma pauperis at ECF No. 1), a copy of the June 29, 2015 order (ECF No. 2), and a copy of this

8

order. Respondents need take no action with respect to this case.

9
10

DATED this 12th day of August, 2015.

11
12
13

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26

2