Beckman v. Warden Baker et al

Filing 4

ORDER that this action is DISMISSED without prejudice and Petitioner is denied a certificate of appealability. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Richard F. Boulware, II on 9/1/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEREMY LEIGH BECKMAN,

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Petitioner,
2:16-cv-01040-RFB-GWF

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vs.

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WARDEN BAKER, et al.,

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Respondents.

ORDER

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_____________________________/

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The petitioner in this habeas corpus action, Jeremy Leigh Beckman, filed his petition for writ of
habeas corpus, with an application to proceed in forma pauperis (ECF No. 1), on May 6, 2016.

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The Court determined that Beckman’s application to proceed in forma pauperis was incomplete,

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in that it did not include a financial certificate signed by an authorized officer at the Wells Conservation

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Camp, the prison where Beckman was incarcerated, and that it was likely inadequate at any rate, as

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Beckman apparently was no longer incarcerated. See Order entered July 17, 2016 (ECF No. 3). The

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Court denied Beckman’s application to proceed in forma pauperis, and ordered him to file a new

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application, reflecting his current financial circumstances, or pay the $5 filing fee for this action. See

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id. The Court granted Beckman 30 days -- to August 15, 2016 -- to do so. See id.

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Beckman has not paid the filing fee, or filed a new application to proceed in forma pauperis, and

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he has not taken any other further action in the case. The Court will, therefore, dismiss this action. This

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dismissal is without prejudice, meaning that, if Beckman wishes to pursue a petition for writ of habeas

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corpus, he may initiate a new action, and pay the filing fee or file a proper complete application to

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proceed in forma pauperis with respect to that new action.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice.

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IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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Dated this 1st day of September, 2016.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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