Holloway v. State of Nevada

Filing 3

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
rs
United States District Judge
District Judge
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d

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