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