Christian v. United States of America

Filing 6

ORDER. IT IS HEREBY ORDERED that 4 Christian's motion for leave to proceed in forma pauperis is DENIED. IT IS FURTHER ORDERED that 2 Christian's motion to amend is DENIED as moot. IT IS FURTHER ORDERED that a Certificate of App ealability is DENIED. The Clerk of Court is directed to SEND to Christian a copy of this court's approved inmate in forma pauperis form with instructions and to CLOSE THIS CASE. See Order for further details. Signed by Judge Jennifer A. Dorsey on 4/5/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Eric Christian,
2:17-cv-00075-JAD-VCF

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Petitioner

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v.

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United States of America,

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Respondent

Order Dismissing and Closing Case
and Denying Pending Motions
[ECF Nos. 2, 4]

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On February 13, 2017, I ordered Christian—who had submitted only a habeas petition—to

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submit a completed application for leave to proceed in forma pauperis with all attachments or pay

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the $5 filing fee by March 13, 2017.1 I expressly warned Christian that failure to comply with that

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order would result in dismissal without further notice.
Christian responded with a “motion” for leave to proceed in forma pauperis rather than a

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properly completed application on this court’s approved form, and he did not attach supporting

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documents. Christian represents that he was granted IFP status for his appeal in his criminal case,

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case no. 2:09-cr-00303-RFB-VCF. That Christian has previously been granted IFP status in another

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case does not excuse him from his obligation to submit a properly completed IFP application with

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supporting documentation in this one. Additionally, though the judge in Christian’s criminal case

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granted IFP status, that motion, too, is deficient and does not contain the necessary information and

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documentation.2 Thus, even if I reference that motion, I am unable to glean the necessary

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information to determine whether Christian can pay the $5 filing fee for this habeas action.

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Because Christian has not paid the filing fee or submitted a completed application for leave

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to proceed in forma pauperis, this action has not been properly commenced. I therefore dismiss this

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action without prejudice. And, because reasonable jurists would not find my dismissal of this case

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ECF No. 3.

The motion in that case, like in this one, is not on the court’s approved form and it contains no
supporting documentation.

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based on Christian’s failure to pay the filing fee or submit an IFP application debatable or wrong, I

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decline to issue a Certificate of Appealability.

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Accordingly, IT IS HEREBY ORDERED that Christian’s motion for leave to proceed in

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forma pauperis [ECF No. 4] is DENIED. This action is DISMISSED without prejudice to

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Christian’s ability to file a habeas petition and pay the filing fee or submit a completed application to

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proceed in forma pauperis in a new action. Christian is cautioned that any further filings in this case

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will be summarily denied.

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IT IS FURTHER ORDERED that Christian’s motion to amend [ECF No. 2] is DENIED as
moot.

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IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.

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The Clerk of Court is directed to SEND to Christian a copy of this court’s approved inmate in

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forma pauperis form with instructions and to CLOSE THIS CASE.
Dated this 5th day of April, 2017.
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Jennifer A. Dorsey
nifer Dorsey
e
United States District Judge
ted States
tate
t Judge
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