Martinez v. State of Nevada

Filing 4

ORDER that petitioner has 45 days to pay the $5 filing fee or submit a proper application to proceed in forma pauperis. If petitioner does not pay the filing fee or submit an application to proceed in forma pauperis within 75 days this actio n will be dismissed without prejudice. Signed by Judge Richard F. Boulware, II on 10/13/2017. (Copies have been distributed pursuant to the NEF - 2 prisoner IFP forms, 2254 forms, one set of instructions for IFP and 2254, docs 1 , 2 , and Order mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FREDERICK MARTINEZ,

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Case No. 2:17-cv-00501-RFB-CWH

Petitioner,

ORDER

v.
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STATE OF NEVADA,
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Respondent.
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Petitioner has submitted a pro se petition for writ of habeas corpus, pursuant to

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28 U.S.C. § 2254 (ECF No. 1-1). Petitioner has submitted a financial certificate, but he

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has not submitted an application to proceed in forma pauperis or provided the required

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inmate account statements. He must provide these documents for this action to be

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continued. 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2.

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Thus, the present action will be stayed until the petitioner forwards the $5.00

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filing fee or completes an application to proceed in forma pauperis on the proper form

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with both an inmate account statement for the past six months and a properly executed

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financial certificate.

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IT IS THEREFORE ORDERED that petitioner has 45 days to pay the $5 filing fee
or submit a proper application to proceed in forma pauperis.

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IT IS FURTHER ORDERED that if petitioner does not pay the filing fee or submit

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an application to proceed in forma pauperis within 75 days this action will be dismissed

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without prejudice.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner a copy of this
order and two copies each of an application form to proceed in forma pauperis for
incarcerated persons and a noncapital Section 2254 habeas petition form, one copy of
the instructions for each form, and a copy of the papers that he submitted in this action.

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DATED: October 13, 2017.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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