Bell v. State of Nevada

Filing 7

ORDER Denying Petitioner's 4 Motion to Reopen Case. Petitioner's 5 Motion/Application for Leave to Proceed in forma pauperis is Denied and Petitioner's 6 Motion for Declaratory and Injunctive Relief is Denied. Signed by Judge Andrew P. Gordon on 9/21/2017. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

EDDIE BELL,

10

Petitioner,

11

vs.

12

Case No. 2:16-cv-02554-APG-VCF

STATE OF NEVADA,

13

ORDER

Respondent.

14
15

The court dismissed this action without prejudice to commencement of a new action because

16

petitioner did not pay the filing fee or file an application to proceed in forma pauperis. ECF No. 2.

17

Instead of following instructions, petitioner filed in this action a petition for reopening case (ECF

18

No. 4), an application to proceed in forma pauperis (ECF No. 5), and a motion for declaratory and

19

injunctive relief (ECF No. 6). Petitioner argues that the failure to file an application to proceed in

20

forma pauperis was inadvertent. Petitioner himself knows that he needs to file an application to

21

commence an action; this court dismissed an earlier action of his for the same reason. Bell v.

22

Nevada Bar Association, 2:06-cv-00975-KJD-LRL. Furthermore, the dismissal was without

23

prejudice. Petitioner could have commenced, and still can commence, a new action with all the

24

required documents.

25
26
27
28

IT IS THEREFORE ORDERED that petitioner’s petition for reopening case (ECF No. 4) is
DENIED.
IT IS FURTHER ORDERED that petitioner’s application to proceed in forma pauperis
(ECF No. 5) is DENIED.

1
2
3

IT IS FURTHER ORDERED that petitioner’s motion for declaratory and injunctive relief
(ECF No. 6) is DENIED.
DATED: September 21, 2017,

4
5

_________________________________
ANDREW P. GORDON
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-