Ford v. State of Nevada et al

Filing 4

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 CHARLES ADRIAN FORD, 8 9 10 Case No. 2:17-cv-00112-RFB-VCF Petitioner, ORDER vs. STATE OF NEVADA, et al., 11 Respondents. 12 13 14 This habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s 15 application (ECF No. 1) to proceed in forma pauperis and his motion (ECF No. 2) for 16 appointment of counsel. 17 The pauper application is incomplete. Under 28 U.S.C. § 1915(a)(2) and Local Rule 18 LSR1-2, a petitioner must attach both a properly executed financial certificate and an inmate 19 account statement for the past six months. The financial certificate that petitioner attached was 20 not executed by an authorized financial officer with the corrections department. Petitioner must 21 have the authorized financial officer complete the form for him. Petitioner also did not attach an 22 inmate account statement for the past six months. 23 The application therefore will be denied without prejudice. Petitioner either must pay the 24 $5.00 filing fee or file a properly completed pauper application within sixty (60) days of entry of 25 this order. 26 Petitioner’s motion for appointment of counsel also will be denied without prejudice 27 because petitioner must establish both financial eligibility for appointment under 18 U.S.C. § 28 3006A and that such appointment is required by the interests of justice. The Court uses the 1 financial materials submitted with the pauper application to determine financial eligibility for an 2 inmate. If the financial materials are not attached, the Court cannot do so. 3 IT THEREFORE IS ORDERED that petitioner's application (ECF No. 1) to proceed in 4 forma pauperis and his motion (ECF No. 2) for appointment of counsel both are DENIED without 5 prejudice. 6 IT FURTHER IS ORDERED that petitioner shall have sixty (60) days within which to either 7 pay the $5.00 filing fee or file a new and properly completed application to proceed in forma 8 pauperis together with a properly executed financial certificate and an inmate account statement. 9 If petitioner fails to either pay the filing fee or submit a properly completed new pauper 10 application with all required attachments within sixty (60) days, the action will be dismissed 11 without further advance notice. This is the last advance notice that petitioner will receive prior to 12 a dismissal of this action. 13 14 15 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. 16 17 18 19 ___________________________ RICHARD F. BOULWARE, II United States District Judge 20 21 22 23 24 25 26 27 28 -2-

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