Cross v. Williams

Filing 3

ORDER Denying Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis. Petitioner shall have 45 days from the date of this order to either pay the $5 filing fee for this action, or file a new and complete application to proceed in forma pauperis, including the required financial certificate. Signed by Judge James C. Mahan on 2/6/2017. (Copies have been distributed pursuant to the NEF - two IFP applications/copy of instructions mailed to Petitioner - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8

JERRY CROSS,

9

Petitioner,

10

vs.

11

2:17-cv-00290-JCM-VCF

BRIAN WILLIAMS, SR., et al.,

ORDER
12
13

Respondents.
_______________________________/

14
15

This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, by

16

Jerry Cross, a Nevada prisoner. On January 30, 2017, Cross filed an application to proceed in forma

17

pauperis (ECF No. 1), along with his habeas corpus petition (attached to application to proceed in

18

forma pauperis).

19

Cross’ application to proceed in forma pauperis is incomplete, in that it does not include the

20

required financial certificate, signed by an authorized prison officer. Therefore, the in forma

21

pauperis application will be denied, and Cross will be granted time to either pay the $5 filing fee for

22

this action, or file a new and complete application to proceed in forma pauperis, including the

23

required financial certificate. If petitioner wishes to pay the filing fee, he must have $5 sent to the

24

Clerk of the Court, with a cover letter setting forth the case number of this action. If Cross fails to

25

pay the filing fee or file a new in forma pauperis application within the time allowed, this action will

26

be dismissed.

1
2
3

IT IS THEREFORE ORDERED that petitioner’s Application to Proceed In Forma
Pauperis (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that petitioner shall have 45 days from the date of this order

4

to either pay the $5 filing fee for this action, or file a new and complete application to proceed in

5

forma pauperis, including the required financial certificate.

6
7

IT IS FURTHER ORDERED that the clerk of the court shall send to petitioner, along with
a copy of this order, two form in forma pauperis applications.

8
9

Dated this _____ 6, 2017.
February day of February, 2017.

10
11
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2