Nicholson v. Baker et al

Filing 3

ORDER. IT IS THEREFORE ORDERED that this habeas action is DISMISSED without prejudice as set forth in this order. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. Signed by Judge James C. Mahan on 6/1/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD NICHOLSON,

Case No. 2:16-cv-02133-JCM-PAL

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Petitioner,

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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This is a pro se petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254,

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submitted by petitioner Richard Nicholson (ECF No. 1-1). The court ordered Nicholson

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to either pay the $5.00 filing fee or submit a completed application to proceed in forma

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pauperis on the proper form with both an inmate account statement for the past six

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months and a properly executed financial certificate. The order was served on Nicholson

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via U.S. mail at his address of record (see ECF No. 2). More than the allotted time has

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passed, and petitioner has failed to respond to this court’s order in any way. Accordingly,

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this action shall be dismissed as improperly commenced.

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IT IS THEREFORE ORDERED that this habeas 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.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and

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close this case.
June 1, 2017.
DATED: 30 May 2017.
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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