Davidson v. Nevens et al

Filing 5

ORDER that this action is DISMISSED without prejudice as set forth in this order. FURTHER ORDERED that a certificate of appealability is DENIED, as jurists of reason would not find the court's dismissal of this improperly commenced action wi thout prejudice to be debatable or incorrect. FURTHER ORDERED that the Clerk shall send petitioner a copy of the papers that he submitted in this action. FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case. Signed by Judge James C. Mahan on 12/13/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LEE DAVIDSON,

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Case No. 2:16-cv-01356-JCM-GWF
Petitioner,

ORDER

v.
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DWIGHT NEVENS, et al.,
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Respondents.
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On October 13, 2006, the court denied habeas corpus petitioner Lee Davidson’s

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application to proceed in forma pauperis and directed him to pay the $5.00 filing fee within

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thirty (30) days. More than the allotted time has passed, and Davidson has failed to pay

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the filing fee or respond to the court’s order in any manner. Thus, the present action will

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be dismissed without prejudice for failure to comply with the court’s order to pay the filing

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fee.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice as
set forth in this order.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as jurists

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of reason would not find the court’s dismissal of this improperly commenced action

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without prejudice to be debatable or incorrect.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner a copy of the
papers that he submitted in this action.
IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly
and close this case.

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December 13, 2016.
DATED: 12 December 2016.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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