Barnes v. Nevens et al

Filing 3

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED. Petitioner shall have thirty (30) days from the date this order is entered in which to have the $5.00 filing fee sent to the Clerk. FURTHER ORDERED that the Clerk shall RETAIN the petition but not file it at this time. Signed by Judge Richard F. Boulware, II on 1/20/15. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 *** 10 DEMAR RAHYMES BARNES, 11 Petitioner, Case No. 2:14-cv-01946-RFB-PAL 12 vs. ORDER 13 D.W. NEVEN, et al., 14 Respondents. 15 16 17 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 18 by a Nevada state prisoner. Petitioner has submitted a motion for leave to proceed in forma pauperis 19 and a petition for a writ of habeas corpus. Based on the information regarding petitioner's financial 20 status, the motion to proceed in forma pauperis is denied. Petitioner must pay the $5.00 filing fee for 21 habeas corpus actions. 28 U.S.C. § 1914(a). Petitioner shall be given an opportunity to pay the fee in 22 this action. 23 IT IS THEREFORE ORDERED that the motion for leave to proceed in forma pauperis (ECF 24 No. 1) is DENIED. Petitioner shall have thirty (30) days from the date this order is entered in which 25 to have the $5.00 filing fee sent to the Clerk. Failure to do so may result in the dismissal of this action. 26 /// 27 /// 28 /// 1 IT IS FURTHER ORDERED that the Clerk SHALL SEND petitioner two copies of this 2 order. Petitioner is ordered to make the necessary arrangements to have one copy of this order attached 3 to the check in the amount of the $5.00 filing fee. 4 5 6 IT IS FURTHER ORDERED that the Clerk shall RETAIN the petition but not file it at this time. DATED this 20th day of January, 2015. 7 8 9 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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