Isaza v. Department of Corrections et al

Filing 6

ORDER that 5 Motion for Abuse of Discretion Review is DENIED. Signed by Chief Judge Gloria M. Navarro on 4/7/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RIGOBERTO ENRIQUE ISAZA,

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Case No. 2:15-cv-00561-GMN-CWH
Petitioner,

ORDER

v.
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DEPARTMENT OF CORRECTIONS,
et al.,
Respondents.

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On April 29, 2015, this court entered an order dismissing Rigoberto Enrique
Isaza’s pro se habeas petition under 28 U.S.C. § 2254 as improperly commenced (ECF
No. 3), and judgment was entered (ECF No. 4). On January 21, 2016, Isaza filed what
he styled a motion for abuse of discretion review as to the Department of Corrections
(ECF No. 5). However, this action is closed, and this motion must be denied.
As petitioner has been previously advised, if he wishes to file a petition for writ of
habeas corpus he must either pay the filing fee or submit a completed application to
proceed in forma pauperis, along with a habeas petition, both on the court’s approved
forms. Similarly, if Isaza wishes to file a 42 U.S.C. § 1983 civil rights complaint he must
either pay the filing fee or submit a completed application to proceed in forma pauperis,
along with a civil rights complaint, both on the court’s approved forms.

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IT IS THEREFORE ORDERED that petitioner’s motion for abuse of discretion
review (ECF No. 5) is DENIED.

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DATED: 5 April 2016.

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GLORIA M. NAVARRO, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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