Fasthorse v. Trump et al

Filing 4

ORDER dismissing action without prejudice. Certificate of Appealability is denied. Case terminated. Signed by Judge Andrew P. Gordon on 3/22/2017. (Copies have been distributed pursuant to the NEF, cc: 2 IFPs, 2254 and 1 Document to P - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 10 11 LAVERN CHARLES FASTHORSE, Petitioner, 2:17-cv-00647-APG-VCF vs. 12 DONALD J. TRUMP, et al., 13 ORDER Respondents. 14 15 Petitioner, a Nevada prisoner, has filed a petition for writ of habeas corpus pursuant to 28 16 U.S.C. § 2254. ECF No. 1. Petitioner has failed to submit an application to proceed in forma pauperis 17 or pay the filing fee. Accordingly, this matter has not been properly commenced. 28 U.S.C. § 18 1915(a)(2) and Local Rules LSR1-1, 1-2. 19 Thus, the present action will be dismissed without prejudice to the filing of a habeas petition 20 pursuant to 28 U.S.C. § 2254 on the form required by this court in a new action with either the $5.00 21 filing fee or a completed application to proceed in forma pauperis on the proper form with both an 22 inmate account statement for the past six months and a properly executed financial certificate. 23 IT IS THEREFORE ORDERED that this action is dismissed without prejudice to the filing 24 of a petition in a new action with either the $5.00 filing fee or a properly completed application form 25 to proceed in forma pauperis. 26 IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists of reason 27 would not find the court's dismissal of this improperly commenced action without prejudice to be 28 debatable or incorrect. 1 IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each of an 2 application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254 3 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he 4 submitted in this action. 5 6 7 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. DATED: March 22, 2017. 8 9 10 __________________________________ UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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