Collins v. State of Nevada et al

Filing 2

ORDER. IT IS THEREFORE ORDERED that within 30 days of the date of this order petitioner shall submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis. See Order for details. Signed by Chief Judge Gloria M. Navarro on 10/11/2016. (Copies have been distributed pursuant to the NEF - DL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LEROY COLLINS,

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Case No. 2:16-cv-01090-GMN-VCF
Petitioner,

ORDER

v.
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STATE OF NEVADA, et al.,
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Respondents.
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Petitioner Leroy Collins has submitted a pro se petition for writ of habeas corpus,

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pursuant to 28 U.S.C. § 2254 (ECF No. 1-1). However, petitioner has failed to submit

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an application to proceed in forma pauperis or pay the filing fee. Accordingly, this

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matter has not been properly commenced. 28 U.S.C. § 1915(a)(2) and Local Rule

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LSR1-2.

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The court notes that it is unclear from the papers presented whether Collins has

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exhausted his available state remedies. A federal court will not grant a state prisoner’s

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petition for habeas relief until the prisoner has exhausted his available state remedies

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for all claims raised. Rose v. Lundy, 455 U.S. 509 (1982); 28 U.S.C. § 2254(b). A

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petitioner must give the state courts a fair opportunity to act on each of his claims before

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he presents those claims in a federal habeas petition. O’Sullivan v. Boerckel, 526 U.S.

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838, 844 (1999); see also Duncan v. Henry, 513 U.S. 364, 365 (1995). A claim remains

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unexhausted until the petitioner has given the highest available state court the

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opportunity to consider the claim through direct appeal or state collateral review

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proceedings. See Casey v. Moore, 386 F.3d 896, 916 (9th Cir. 2004); Garrison v.
McCarthey, 653 F.2d 374, 376 (9th Cir. 1981).
It is also unclear from the papers presented whether a dismissal without
prejudice could materially affect a later analysis of any timeliness issue with regard to a
new federal action. Therefore, Collins shall have thirty (30) days from the date of this
order to either pay the $5.00 filing fee or submit a completed application to proceed in
forma pauperis on the proper form with both an inmate account statement for the past
six months and a properly executed financial certificate. Failure to do so may result in
the dismissal of this action without prejudice.
IT IS THEREFORE ORDERED that within thirty (30) days of the date of this
order petitioner shall submit either the $5.00 filing fee or a fully completed application to
proceed in forma pauperis.
IT IS FURTHER ORDERED that failure to do so may result in the dismissal of
this action without prejudice.

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DATED: 11 October 2016.
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GLORIA M. NAVARRO, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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