Christian v. United States of America
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
United States of America,
Order Dismissing and Closing Case
and Denying Pending Motions
[ECF Nos. 2, 4]
On February 13, 2017, I ordered Christian—who had submitted only a habeas petition—to
submit a completed application for leave to proceed in forma pauperis with all attachments or pay
the $5 filing fee by March 13, 2017.1 I expressly warned Christian that failure to comply with that
order would result in dismissal without further notice.
Christian responded with a “motion” for leave to proceed in forma pauperis rather than a
properly completed application on this court’s approved form, and he did not attach supporting
documents. Christian represents that he was granted IFP status for his appeal in his criminal case,
case no. 2:09-cr-00303-RFB-VCF. That Christian has previously been granted IFP status in another
case does not excuse him from his obligation to submit a properly completed IFP application with
supporting documentation in this one. Additionally, though the judge in Christian’s criminal case
granted IFP status, that motion, too, is deficient and does not contain the necessary information and
documentation.2 Thus, even if I reference that motion, I am unable to glean the necessary
information to determine whether Christian can pay the $5 filing fee for this habeas action.
Because Christian has not paid the filing fee or submitted a completed application for leave
to proceed in forma pauperis, this action has not been properly commenced. I therefore dismiss this
action without prejudice. And, because reasonable jurists would not find my dismissal of this case
ECF No. 3.
The motion in that case, like in this one, is not on the court’s approved form and it contains no
based on Christian’s failure to pay the filing fee or submit an IFP application debatable or wrong, I
decline to issue a Certificate of Appealability.
Accordingly, IT IS HEREBY ORDERED that Christian’s motion for leave to proceed in
forma pauperis [ECF No. 4] is DENIED. This action is DISMISSED without prejudice to
Christian’s ability to file a habeas petition and pay the filing fee or submit a completed application to
proceed in forma pauperis in a new action. Christian is cautioned that any further filings in this case
will be summarily denied.
IT IS FURTHER ORDERED that Christian’s motion to amend [ECF No. 2] is DENIED as
IT IS FURTHER ORDERED that a Certificate of Appealability 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.
Dated this 5th day of April, 2017.
Jennifer A. Dorsey
United States District Judge
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