Ford v. State of Nevada et al
ORDER denying without prejudice Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis and 2 Ex Parte Motion for appointment of counsel. Petitioner shall have 60 days from the entry of this Order to pay $5.00 filing fee or file a properly completed pauper application or action will be dismissed. Signed by Judge Richard F. Boulware, II on 9/29/2017. (Copies have been distributed pursuant to the NEF - BEL)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CHARLES ADRIAN FORD,
Case No. 2:17-cv-00112-RFB-VCF
STATE OF NEVADA, et al.,
This habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s
application (ECF No. 1) to proceed in forma pauperis and his motion (ECF No. 2) for
appointment of counsel.
The pauper application is incomplete. Under 28 U.S.C. § 1915(a)(2) and Local Rule
LSR1-2, a petitioner must attach both a properly executed financial certificate and an inmate
account statement for the past six months. The financial certificate that petitioner attached was
not executed by an authorized financial officer with the corrections department. Petitioner must
have the authorized financial officer complete the form for him. Petitioner also did not attach an
inmate account statement for the past six months.
The application therefore will be denied without prejudice. Petitioner either must pay the
$5.00 filing fee or file a properly completed pauper application within sixty (60) days of entry of
Petitioner’s motion for appointment of counsel also will be denied without prejudice
because petitioner must establish both financial eligibility for appointment under 18 U.S.C. §
3006A and that such appointment is required by the interests of justice. The Court uses the
financial materials submitted with the pauper application to determine financial eligibility for an
inmate. If the financial materials are not attached, the Court cannot do so.
IT THEREFORE IS ORDERED that petitioner's application (ECF No. 1) to proceed in
forma pauperis and his motion (ECF No. 2) for appointment of counsel both are DENIED without
IT FURTHER IS ORDERED that petitioner shall have sixty (60) days within which to either
pay the $5.00 filing fee or file a new and properly completed application to proceed in forma
pauperis together with a properly executed financial certificate and an inmate account statement.
If petitioner fails to either pay the filing fee or submit a properly completed new pauper
application with all required attachments within sixty (60) days, the action will be dismissed
without further advance notice. This is the last advance notice that petitioner will receive prior to
a dismissal of this action.
The Clerk of Court shall SEND petitioner two copies of an in forma pauperis application
form for incarcerated persons along with one copy of the instructions for same.
DATED: September 29, 2017.
RICHARD F. BOULWARE, II
United States District Judge
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