Ocegueda v. State of Nevada et al

Filing 4

ORDER that this action is DISMISSED without prejudice to the filing of a new petition in a new action. Petitioner may file a new petition in a new action but may not file further documents in this action. All pending motions in this case are DENI ED and a certificate of appealability is DENIED. The clerk of the court shall enter judgment accordingly. Signed by Judge James C. Mahan on 10/19/2015. (Copies have been distributed pursuant to the NEF - IFP instructions/forms and Petition for Writ instructions/forms mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANA OCEGUEDA,
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Petitioner,

Case No. 2:15-cv-01884-JCM-GWF

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vs.

ORDER

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STATE OF NEVADA, 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
by a Nevada state prisoner.

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Neither a filing fee nor an application to proceed in forma pauperis was submitted with the

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petition. When filing a habeas action, petitioner must either submit the $5.00 filing fee for habeas

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petitions or an application to proceed in forma pauperis. Due to the lack of an in forma pauperis

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application or filing fee, the present action will be dismissed without prejudice to the filing of a new

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petition in a new action with a pauper application with all required attachments. It does not appear

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from the papers presented that a dismissal without prejudice would result in a promptly-filed new

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petition being untimely. In this regard, petitioner at all times remains responsible for calculating the

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running of the limitations period as applied to his case and properly commencing a timely-filed

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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.

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IT IS FURTHER ORDERED that the clerk of the court shall send petitioner two copies of

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

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

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IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but
may not file further documents in this action.

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IT IS FURTHER ORDERED that all pending motions in this case are DENIED.

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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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October 19, 2015.
Dated this ______ day of October, 2015.

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UNITED STATES DISTRICT JUDGE

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