Beaver v. The State of Nevada et al

Filing 3

ORDER. IT IS THEREFORE ORDERED that 2 Application for in Forma Pauperis is DENIED. IT IS FURTHER ORDERED that this action is dismissed without prejudice. IT IS FURTHER ORDERED that the Clerk of the Court shall send to petitioner, along with a copy of this order, two copies of the form for a petition for a writ of habeas corpus, two copies of the form for a civil rights action brought by a prisoner, four copies of the form for an application to proceed in forma pauperis for a prisoner, and any available instructions regarding those forms. IT IS FURTHER ORDERED that the Court will accept no further filings in this case. Signed by Chief Judge Gloria M. Navarro on 4/22/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AARON BEAVER,

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Petitioner,

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vs.

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STATE OF NEVADA, et al.,

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2:16-cv-00836-GMN-VCF

Respondents.

ORDER

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_______________________________/

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In this case, on April 12, 2016, Aaron Beaver, a prisoner at the Clark County Detention

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Center, submitted for filing a document that purports to be a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2241 (ECF No. 1). Beaver did not pay the $5 filing fee. Then, on

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April 20, 2016, Beaver filed an application to proceed in forma pauperis (ECF No. 2), and a

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document entitled “Verified Complaint and Motion for Relief” (attached to the application to

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proceed in forma pauperis, at ECF No. 2).

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Beaver’s application to proceed in forma pauperis is not on the form for such an application

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approved by this Court, and does not provide the information necessary for the Court to determine

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whether Beaver qualifies for in forma pauperis status.

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Similarly, Beaver’s habeas petition is not on the form approved by the Court, and is
incomplete and, as drafted, is plainly without merit.

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Beaver’s “Verified Complaint and Motion for Relief,” like his habeas petition, cites

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28 U.S.C. § 2241, but seeks damages. That document is more in the nature of a civil rights

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complaint, perhaps pursuant to 42 U.S.C. § 1983, than a petition for writ of habeas corpus under

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28 U.S.C. § 2241. But, at any rate, the claims set forth in the document are completely conclusory,

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and, again, as drafted, plainly without merit.

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For the reasons stated, Beaver’s application to proceed in forma pauperis will be denied, and

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this case will be dismissed without prejudice to Beaver initiating a new habeas corpus action, and/or

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a civil rights action.

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If Beaver wishes to initiate a new habeas corpus action, he must submit a fully completed

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petition for writ of habeas corpus on a correct form, together with payment of the correct filing fee or

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an application to proceed in forma pauperis, on a correct form and fully completed. If Beaver

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wishes to initiate a civil rights action, he must submit a fully completed civil rights complaint on a

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correct form, together with payment of the correct filing fee or an application to proceed in forma

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pauperis, on a correct form and fully completed.

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IT IS THEREFORE ORDERED that petitioner’s Application for in Forma Pauperis
(ECF No. 2) is DENIED.

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IT IS FURTHER ORDERED that this action is dismissed without prejudice.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send to petitioner, along

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with a copy of this order, two copies of the form for a petition for a writ of habeas corpus, two copies

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of the form for a civil rights action brought by a prisoner, four copies of the form for an application

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to proceed in forma pauperis for a prisoner, and any available instructions regarding those forms.

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IT IS FURTHER ORDERED that the Court will accept no further filings in this case.

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Dated this _____ day of April, 2016.

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UNITED STATES DISTRICT JUDGE
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