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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 JERRY DENNARD HOLLOWAY aka STEPHAN DARRELL WILLIAMSON, Case No. 2:17-cv-01416-JAD-CWH 5 Petitioner Order Dismissing Action 6 vs. 7 8 STATE OF NEVADA, et al., Respondents 9 10 11 This is a pro se petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 by a 12 Nevada state prisoner. Neither a filing fee nor an application to proceed in forma pauperis was 13 submitted with the petition. When filing a habeas action, petitioner must either submit the $5.00 14 filing fee for habeas petition or an application to proceed in forma pauperis. Due to the lack of 15 an in forma pauperis application or filing fee, this case will be dismissed without prejudice to the 16 filing of a new petition in a new action with a pauper application with all required attachments. 17 It does not appear from the papers presented that a dismissal without prejudice would result in a 18 promptly-filed new petition being untimely. 19 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice to 20 the filing of a new petition in a new action. Petitioner at all times remains responsible for 21 calculating the running of the limitations period as applied to his case and properly commencing 22 a timely-filed habeas corpus action. 23 IT IS FURTHER ORDERED that the Clerk of the Court shall send petitioner the 24 following: (1) two copies of an in forma pauperis application form for a prisoner and one copy of 25 the instructions for the application, (2) two copies of a blank 28 U.S.C. § 2254 habeas petition 26 form and one copy of instructions for the petition; and (3) a copy of the petition (ECF No. 1-1). 27 28 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. 1 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 2 Reasonable jurists would not find the dismissal of the improperly-commenced action without 3 prejudice to be debatable or wrong. 4 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment 5 accordingly and close this case. 6 DATED: May 31, 2017 7 _______________________________ ______________ _ _ _ _ _ __ ______ _ Jennifer A. Dorsey Dorsey rs United States District Judge District Judge ud d 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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