Garner v. The State of Nevada 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. Failure to do so may result in the dismissal of this action. The Clerk is directed to RETAIN the petition but not file it at this time. Signed by Judge Jennifer A. Dorsey on 4/23/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RUSSELL LEE GARNER,
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Petitioner,

Case No. 2:15-cv-00516-JAD-PAL

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vs.

ORDER

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STATE OF NEVADA, et al.,
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Respondents.
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Petitioner Russell Lee Garner has filed an application to proceed in forma pauperis and
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submitted a petition for a writ of habeas corpus as well as a motion for appointment of counsel. Based
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on the current information about petitioner’s financial status, including any additional information he
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may have provided, the court finds that he is able to pay the full fee pursuant to 28 U.S.C. § 1915.
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IT IS THEREFORE ORDERED that petitioner’s motion for leave to proceed in forma
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pauperis without having to prepay the full filing fee (Doc. 1) is DENIED. Petitioner shall have thirty
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(30) days from the date this order is ENTERED in which to have the $5.00 filing fee sent to the Clerk.
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Failure to do so may result in the dismissal of this action. The Clerk is directed to RETAIN the petition
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but not file it at this time.
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Dated: April 23, 2015.
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UNITED STATES DISTRICT JUDGE