Vazquez v. Williams et al

Filing 2

ORDER Dismissing Case Without Prejudice. A Certificate of Appealability is Denied. Signed by Judge Jennifer A. Dorsey on 11/18/14. (Copies have been distributed pursuant to the NEF - cc petitioner with required forms TR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JORGE VAZQUEZ,
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Petitioner,

Case No. 2:14-cv-01917-JAD-GWF

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vs.

ORDER

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BRIAN E. 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. § 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. When filing a habeas corpus action, a petitioner must either submit the

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$5.00 filing fee for habeas petitions or 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

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

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case and properly commencing a timely-filed habeas corpus action.

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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT
PREJUDICE to the filing of a new petition in a new action.

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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, one copy of instructions for the same,

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and a copy of the documents received in this case at Doc. 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.
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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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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Dated this 18th day of November, 2014.

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UNITED STATES DISTRICT JUDGE

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