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)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DARIO RODRIGUEZ,
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Petitioner,

2:16-cv-00629-JCM-VCF

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vs.
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ORDER
E.K McDANIEL, et al.,
Respondents.

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This is a habeas corpus proceeding under 28 U.S.C. § 2254 in which this court entered a final

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judgment against the petitioner on May 3, 2016 (ECF No. 4). Notwithstanding that fact and that the

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court of appeals has denied petitioner’s appeal (ECF No. 14), petitioner continues to file documents in

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this case, including a motion to proceed in forma pauperis accompanied by pleading styled as a petition

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for writ of habeas corpus (ECF No. 17).

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Because final judgment has been entered and this case has not been reopened by way of a post-

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judgment motion or a remand from the court of appeals, the court shall order these documents stricken

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from the docket. See Lindauer v. Rogers, 91 F.3d 1355, 1357 (9th Cir. 1996) (“[C]onsistent with our

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policy of promoting the finality of judgments [we] adopt the requirement that, once judgment has been

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entered in a case, a motion to amend the complaint can only be entertained if the judgment is first

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reopened under a motion brought under Rule 59 or 60.”).

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If the motion to proceed in forma pauperis was in compliance with 28 U.S.C. § 1915(a)(2) and

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Local Rule LSR 1-2, this court would merely direct the clerk to file it under a new case number.

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However, the motion lacks both an inmate account statement for the past six months and a properly

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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

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filed under ECF Nos. 17/18/19.

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DATED: July 3, 2017.

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__________________________________
UNITED STATES DISTRICT JUDGE

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