Rodriguez v. McDaniels et al
Filing
21
ORDER that the Clerk shall strike from the docket documents 17 , 18 , and 19 . Signed by Judge James C. Mahan on 7/3/2017. (Copies have been distributed pursuant to the NEF - SLD)
1
2
3
4
5
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
6
7
8
DARIO RODRIGUEZ,
9
Petitioner,
2:16-cv-00629-JCM-VCF
10
vs.
11
12
13
ORDER
E.K McDANIEL, et al.,
Respondents.
14
15
This is a habeas corpus proceeding under 28 U.S.C. § 2254 in which this court entered a final
16
judgment against the petitioner on May 3, 2016 (ECF No. 4). Notwithstanding that fact and that the
17
court of appeals has denied petitioner’s appeal (ECF No. 14), petitioner continues to file documents in
18
this case, including a motion to proceed in forma pauperis accompanied by pleading styled as a petition
19
for writ of habeas corpus (ECF No. 17).
20
Because final judgment has been entered and this case has not been reopened by way of a post-
21
judgment motion or a remand from the court of appeals, the court shall order these documents stricken
22
from the docket. See Lindauer v. Rogers, 91 F.3d 1355, 1357 (9th Cir. 1996) (“[C]onsistent with our
23
policy of promoting the finality of judgments [we] adopt the requirement that, once judgment has been
24
entered in a case, a motion to amend the complaint can only be entertained if the judgment is first
25
reopened under a motion brought under Rule 59 or 60.”).
26
If the motion to proceed in forma pauperis was in compliance with 28 U.S.C. § 1915(a)(2) and
27
Local Rule LSR 1-2, this court would merely direct the clerk to file it under a new case number.
28
However, the motion lacks both an inmate account statement for the past six months and a properly
1
2
executed financial certificate, the absence of which renders the motion fatally defective.
IT IS THEREFORE ORDERED that the clerk shall STRIKE from the docket the documents
3
filed under ECF Nos. 17/18/19.
4
DATED: July 3, 2017.
5
6
__________________________________
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?