Gallimort v. Dzurenda et al

Filing 2

ORDER. IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new petition in a new action. IT IS FURTHER ORDERED that the Clerk of the Court shall send petitioner the following: (1) two copies of an in forma pauperis application form for a prisoner and one copy of the instructions for the same, (2) two copies of a blank 28 U.S.C. § 2254 habeas petition form and one copy of instructions for the same; and (3) the petition. IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but may not file further documents in this action. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Reasonable jurists would not find the dismissal of the improperly-commenced action without prejudice to be debatable or wrong. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 5/5/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOSE GALLIMORT,
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Petitioner,

Case No. 2:17-cv-01083-GMN-CWH

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vs.

ORDER

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JAMES DZURENDA, et al.,
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Respondents.
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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254

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by a Nevada state prisoner. Neither a filing fee nor an application to proceed in forma pauperis was

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submitted with the petition. When filing a habeas action, petitioner must either submit the $5.00

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filing fee for habeas petition or an application to proceed in forma pauperis. Due to the lack of an

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in forma pauperis application or filing fee, the present action will be dismissed without prejudice to

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the filing of a new petition in a new action with a pauper application with all required attachments.

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It does not appear from the papers presented that a dismissal without prejudice would result in a

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promptly-filed new petition being untimely. In this regard, petitioner at all times remains

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responsible for calculating the running of the limitations period as applied to his case and properly

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commencing a timely-filed habeas corpus action.

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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT
PREJUDICE to the filing of a new petition in a new action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send petitioner the

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following: (1) two copies of an in forma pauperis application form for a prisoner and one copy of

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the instructions for the same, (2) two copies of a blank 28 U.S.C. § 2254 habeas petition form and

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one copy of instructions for the same; and (3) the petition.

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IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but
may not file further documents in this action.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Reasonable

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

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debatable or wrong.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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Dated this ______ day of May, 2017.

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Gloria M. Navarro, Chief Judge
United States District Court

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