Beaver v. Clark County Sheriff et al

Filing 6

ORDER. IT IS ORDERED that this action is DISMISSED as set forth in this order. IT IS FURTHER ORDERED that 1 petitioner's first and 2 second applications to proceed in forma pauperis are both DENIED as moot. IT IS FURTHER ORDERED that, to the extent necessary in this procedural context, a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 6/8/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AARON SHELDON BEAVER,

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Case No. 2:16-cv-01025-RFB-CWH
Petitioner,

ORDER

v.
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CLARK COUNTY SHERIFF, et al.,
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Respondents.
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Petitioner Aaron Sheldon Beaver has submitted a pro se habeas corpus petition

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and two applications to proceed in forma pauperis (ECF Nos. 1 and 2).

The first

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application is incomplete, and the financial information provided with the second

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application indicates that he is able to pay the $5.00 filing fee.

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In any event, the claims that petitioner set forth are not cognizable in habeas

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corpus but rather are allegations of violations of his civil rights pursuant to 42 U.S.C. §

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1983 (see ECF No. 1-1). Further, the court may take judicial notice of its docket, and

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Beaver has § 1983 complaint pending in this court that sets forth the same claims that he

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seeks to set forth here (See ECF No. 1-1; 2:16-cv-01026-JAD-VCF). Accordingly, this

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petition is dismissed as noncognizable in federal habeas corpus.

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IT IS THEREFORE ORDERED that this action is DISMISSED as set forth in this
order.
IT IS FURTHER ORDERED that petitioner’s first and second applications to
proceed in forma pauperis (ECF Nos. 1 and 2) are both DENIED as moot.
IT IS FURTHER ORDERED that, to the extent necessary in this procedural
context, a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.
DATED: 8 June 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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