Saeed v. Attorney General of the United States et al

Filing 3

ORDER. IT IS ORDERED that 1 the application to proceed in forma pauperis is DENIED and that this action shall be DISMISSED without prejudice. IT FURTHER IS ORDERED that a certificate of appealability is DENIED. The Clerk of Court shall send petitioner a copy of his papers in this action, along with copies of the forms and instructions for an inmate pauper application and an AO-0242 form for a § 2241 petition. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice and closing the case. Signed by Judge Richard F. Boulware, II on 3/13/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TAWFIQ SAEED,

Case No. 2:17-cv-00323-RFB-CWH

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Petitioner,

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ORDER

vs.
ATTORNEY GENERAL OF THE UNITED
STATES, et al.,
Respondents.

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This immigration habeas matter comes before the Court on petitioner’s application (ECF No.
1) to proceed in forma pauperis and for initial review.
Petitioner has not properly commenced the action by submitting a pauper application with all

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required attachments.

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attach both a properly executed financial certificate and an inmate account statement for the past six

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months.

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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2, a petitioner must

Petitioner attached only a financial certificate.

He must attach both financial documents.

It does not appear that a dismissal of the current improperly-commenced action without

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prejudice would cause substantial prejudice.

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authorities, and such an action is not subject to a limitation period.

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action therefore will be dismissed without prejudice.

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Petitioner is challenging his detention by immigration
This improperly-commenced

IT THEREFORE IS ORDERED that the application (ECF No. 1) to proceed in forma

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pauperis is DENIED and that this action shall be DISMISSED without prejudice.

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IT FURTHER IS ORDERED that a certificate of appealability is DENIED.

Jurists of reason

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would not find the dismissal of this improperly-commenced action without prejudice to be debatable

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or wrong, for the reasons discussed herein.

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The Clerk of Court shall send petitioner a copy of his papers in this action, along with copies

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of the forms and instructions for an inmate pauper application and an AO-0242 form for a § 2241

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petition.

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The Clerk shall enter final judgment accordingly, dismissing this action without prejudice and
closing the case.

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DATED: March 13, 2018.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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