Hairston v. Lombardo et al

Filing 2

ORDER Denying 1 Application for Leave to Proceed in forma is DISMISSED without prejudice, and I decline to issue a certificate of appealability. IT IS FURTHER ORDERED that the Clerk of Court is instructed to send Hairston a copy of this order, two copies of this courts approved form for filing § 2254 petitions, and two copies of this courts approved application to proceed in forma pauperis for prisoners with instructions and to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 8/5/2016. (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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Leonard Morgan Hairston,
2:16-cv-01645-JAD-GWF

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Petitioner
Order Denying Application to Proceed
in forma pauperis and Dismissing and
Closing Case

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v.

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Sheriff Joe Lombardo, et al.,

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Respondents

[ECF No. 1]
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Leonard Morgan Hairston, who is representing himself pro se from the Clark County

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Detention Center, has submitted a motion to proceed in forma pauperis and a § 2254 petition. I deny

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Hairston’s IFP application because it is not presented on the proper form and is incomplete. Having

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reviewed Hairston’s § 2254 petition, I deny it without prejudice because it is illegible, and I direct

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the Clerk of Court to close this case.

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If Hairston wishes to file a habeas petition in this court, he must initiate a new action by filing

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a legible petition on the correct form and he must pay the $5 filing fee or file a completed application

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to proceed in forma pauperis on this court’s approved form. Any further filings in this closed case

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will be summarily denied.

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Conclusion
Accordingly, IT IS HEREBY ORDERED that Hairston’s application to proceed in forma

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pauperis [ECF No. 1] is DENIED, this action is DISMISSED without prejudice, and I decline

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to issue a certificate of appealability.

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IT IS FURTHER ORDERED that the Clerk of Court is instructed to send Hairston a copy of

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this order, two copies of this court’s approved form for filing § 2254 petitions, and two copies of this

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court’s approved application to proceed in forma pauperis for prisoners with instructions and to

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CLOSE THIS CASE.

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Dated this 5th day of August, 2016.
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Jennifer A. Dorsey
nifer Dorsey
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United States District Judge
ed States
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Judge
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