Brown v. Baker et al

Filing 8

ORDER denying 6 Motion/Application for Leave to Proceed in forma pauperis; denying 7 Motion/Application for Leave to Proceed in forma pauperis. Updated Inmate Account or Payment of filing fees due 7/18/2017. Signed by Chief Judge Gloria M. Navarro on 6/18/2017. (Copies have been distributed pursuant to the NEF, cc: 2 Copies to P - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TONY ONTIA BROWN,
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Petitioner,
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vs.
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TIMOTHY FILSON, et al.,
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Respondents.
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____________________________________/

2:17-cv-00387-GMN-CWH
ORDER

This is a habeas corpus proceeding pursuant to 28 U.S.C. § 2254. On March 22, 2017, this

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court entered an order denying petitioner’s application to proceed in forma pauperis and directing

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him to pay the full filing fee of five dollars ($5.00). ECF No. 5.

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Rather than pay the filing fee, petitioner has filed a motion to waive the filing fee (ECF No.

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6) and another application to proceed in forma pauperis (ECF No. 7). However, petitioner did not

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include with either motion an updated inmate account statement for the past six months or a properly

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executed financial certificate. Petitioner’s initial IFP application was denied because his account

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statement and financial certificate indicated that the average monthly balance of his prison account

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was $25.92 and that his average monthly deposits totaled $27.50, both above the $20 threshold used

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to determine whether petitioner must pay the filing fee. ECF No. 1-1. To have his filing fee waived,

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petitioner must submit updated documentation showing that his current account balance, his average

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monthly balance, and his average monthly deposits all fall below $20.

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IT IS THEREFORE ORDERED that petitioner’s motion to waive the filing fee (ECF No.

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6) and application to proceed in forma pauperis (ECF No. 7) are DENIED without prejudice.

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Petitioner shall have thirty (30) days from the date that this order is entered to either (1) submit an

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updated inmate account statement for the past six months and a properly executed financial

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certificate showing that his current account balance, his average monthly balance, and average

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monthly deposits are all below $20 or (2) have the filing fee of five dollars ($5.00) sent to the clerk

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of the court. Failure to comply will result in the dismissal of this action.

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IT IS FURTHER ORDERED that the clerk of the court shall send petitioner two copies of

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this order. If petitioner chooses the second option, above, he is ordered to make the necessary

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arrangements to have one copy of this order attached to the check paying the filing fee.
June

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Dated this ______ day of May, 2017.

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UNITED STATES DISTRICT JUDGE

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