Holloway v. State of Nevada
Filing
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ORDER that this action is DISMISSED without prejudice to the filing of a new petition in a new action. 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 pr isoner and one copy of the instructions for the application, (2) two copies of a blank 28 U.S.C. § 2254 habeas petition form and one copy of instructions for the petition; and (3) a copy of the petition (ECF No. 1-1). FURTHER ORDERED that petit ioner may file a new petition in a new action, but may not file any more documents in this action. FURTHER ORDERED that a certificate of appealability is DENIED. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 5/31/17. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JERRY DENNARD HOLLOWAY
aka STEPHAN DARRELL WILLIAMSON,
Case No. 2:17-cv-01416-JAD-CWH
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Petitioner
Order Dismissing Action
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vs.
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STATE OF NEVADA, et al.,
Respondents
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This is a pro se petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 by a
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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
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an in forma pauperis application or filing fee, this case will be dismissed without prejudice to the
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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.
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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice to
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the filing of a new petition in a new action. Petitioner at all times remains responsible for
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calculating the running of the limitations period as applied to his case and properly commencing
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a timely-filed habeas corpus 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 application, (2) two copies of a blank 28 U.S.C. § 2254 habeas petition
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form and one copy of instructions for the petition; and (3) a copy of the petition (ECF No. 1-1).
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IT IS FURTHER ORDERED that petitioner may file a new petition in a new action,
but may not file any more documents in this action.
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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
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Reasonable jurists would not find the dismissal of the improperly-commenced action without
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prejudice to be debatable or wrong.
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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
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accordingly and close this case.
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DATED: May 31, 2017
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_______________________________
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Jennifer A. Dorsey
Dorsey
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United States District Judge
District Judge
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