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)

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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-

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