Fernandez v. Cox et al

Filing 2

ORDER that this action is DISMISSED without prejudice to the filing of a new petition in a new action. Clerk of Court shall send petitioner two copies of an in forma pauperis application, one copy of instructions, two copies of a blank 2254 habeas petition, and one copy of instructions. IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but he may not file any more documents in this action. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Jennifer A. Dorsey on 10/7/2014. (Copies have been distributed pursuant to the NEF - cc: petitioner - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RENE F. FERNANDEZ,
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Petitioner,

Case No. 2:14-cv-01595-JAD-CWH

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ORDER

vs.
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JAMES GREG COX, et al.,
Respondents.

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This is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a

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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 lack of an in forma pauperis application or filing fee, the present action will be

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

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with all required attachments. It does not appear from the papers presented that a dismissal without

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prejudice would result in a promptly-filed new petition being untimely. In this regard, plaintiff at all

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times remains responsible for calculating the running of the limitations period as applied to his case

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

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

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

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same.

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IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but he
may not file any more documents in this action.
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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The Clerk of the Court shall enter judgment accordingly.
Dated this 7th day of October, 2014.

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Jennifer Dorsey
nnifer Dorsey
fe
fe D rs
United States District Judge
Judge
nited States
d tate
u

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