Sharpe v. Nevin et al

Filing 6

ORDER that the order entered on August 11, 2016, (ECF No. 4 ) is VACATED. FURTHER ORDERED that petitioner's application to proceed in forma pauperis (ECF No. 5 ) is DENIED. Petitioner shall have thirty (30) days from the date that this order is entered to have the filing fee of five dollars ($5.00) sent to the clerk of the court. FURTHER ORDERED that the clerk of the court shall send petitioner two copies of this order. Petitioner is ordered to make the necessary arrangements to have one copy of this order attached to the check paying the filing fee. Signed by Judge James C. Mahan on 10/3/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PHILLIP SHARPE,
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Petitioner,

2:16-cv-01841-JCM-VCF

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vs.
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ORDER
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NEVIN, et al.,
Respondents.

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On August 11, 2016, the court entered an order dismissing this habeas corpus action based on

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a finding that petitioner had filed a defective motion for leave to proceed in forma pauperis. ECF No.

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4. On August 18, 2016, this court received from petitioner a perfected motion for leave to proceed in

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forma pauperis. ECF No. 5. Although the order dismissing this action instructed petitioner to file a

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new habeas action, the court shall, in the interest of judicial efficiency, set aside its dismissal and

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entertain petitioner’s newly-submitted motion.

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Based on the financial information provided with petitioner’s motion, the court finds that

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petitioner is able to pay the full filing fee of five dollars ($5.00). Thus, his motion shall be denied.

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Petitioner is required to pay the filing fee required for a habeas corpus petition – i.e. five dollars.

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IT IS THEREFORE ORDERED that the order entered on August 11, 2016, (ECF No. 4) is
VACATED.

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IT IS FURTHER ORDERED that petitioner’s application to proceed in forma pauperis (ECF

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No. 5) is DENIED. Petitioner shall have thirty (30) days from the date that this order is entered to have

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the filing fee of five dollars ($5.00) sent to the clerk of the court. Failure to comply will result in the

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dismissal of this action.

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IT IS FURTHER ORDERED that the clerk of the court shall send petitioner two copies of this

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order. Petitioner is ordered to make the necessary arrangements to have one copy of this order attached

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to the check paying the filing fee.

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DATED: October 3, 2016.

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__________________________________
UNITED STATES DISTRICT JUDGE

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