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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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CHARLES ADRIAN FORD,

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Case No. 2:17-cv-00112-RFB-VCF

Petitioner,

ORDER

vs.
STATE OF NEVADA, et al.,

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Respondents.

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This habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s

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application (ECF No. 1) to proceed in forma pauperis and his motion (ECF No. 2) for

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appointment of counsel.

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The pauper application is incomplete. Under 28 U.S.C. § 1915(a)(2) and Local Rule

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LSR1-2, a petitioner must attach both a properly executed financial certificate and an inmate

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account statement for the past six months. The financial certificate that petitioner attached was

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not executed by an authorized financial officer with the corrections department. Petitioner must

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have the authorized financial officer complete the form for him. Petitioner also did not attach an

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inmate account statement for the past six months.

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The application therefore will be denied without prejudice. Petitioner either must pay the

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$5.00 filing fee or file a properly completed pauper application within sixty (60) days of entry of

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this order.

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Petitioner’s motion for appointment of counsel also will be denied without prejudice

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because petitioner must establish both financial eligibility for appointment under 18 U.S.C. §

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3006A and that such appointment is required by the interests of justice. The Court uses the

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financial materials submitted with the pauper application to determine financial eligibility for an

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inmate. If the financial materials are not attached, the Court cannot do so.

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IT THEREFORE IS ORDERED that petitioner's application (ECF No. 1) to proceed in

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forma pauperis and his motion (ECF No. 2) for appointment of counsel both are DENIED without

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prejudice.

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IT FURTHER IS ORDERED that petitioner shall have sixty (60) days within which to either

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pay the $5.00 filing fee or file a new and properly completed application to proceed in forma

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pauperis together with a properly executed financial certificate and an inmate account statement.

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If petitioner fails to either pay the filing fee or submit a properly completed new pauper

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application with all required attachments within sixty (60) days, the action will be dismissed

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without further advance notice. This is the last advance notice that petitioner will receive prior to

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a dismissal of this action.

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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.

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___________________________
RICHARD F. BOULWARE, II
United States District Judge

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