Alexander v. Gentry et al

Filing 9

ORDER. IT IS ORDERED that this action is dismissed without prejudice for petitioner's failure to comply with the court's order. The Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that no certificate of appealabi lity shall issue. IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. IT IS FURTHER ORDERED that the Clerk shall electronically serve upon respondents a copy o f this order. No response is necessary. IT IS FURTHER ORDERED that 3 petitioner's motion for appointment of counsel and 7 , 8 motions for voluntary dismissal are DENIED as moot. Signed by Judge Kent J. Dawson on 12/5/2017. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 DMITRI ALEXANDER, 11 12 13 14 15 ) ) Petitioner, ) ) vs. ) ) JO GENTRY, et al., ) ) Respondents. ) ____________________________________/ 2:17-cv-01490-KJD-NJK ORDER 16 On June 21, 2017, the court entered an order denying petitioner’s motion to proceed in forma 17 pauperis, but allowing him thirty days within which to pay the $5.00 filing fee for this habeas corpus 18 action. ECF No. 6. Petitioner has not complied with the court’s order within the allotted time, so 19 the court will dismiss this action. Reasonable jurists would not find the court’s conclusion to be 20 debatable or wrong, so the court will not issue a certificate of appealability. 21 IT IS THEREFORE ORDERED that this action is dismissed without prejudice for 22 petitioner’s failure to comply with the court’s order. The Clerk of the Court shall enter judgment 23 accordingly. 24 IT IS FURTHER ORDERED that no certificate of appealability shall issue. 25 IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Attorney General 26 for the State of Nevada, as counsel for respondents. 1 2 3 4 5 IT IS FURTHER ORDERED that the Clerk shall electronically serve upon respondents a copy of this order. No response is necessary. IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF No. 3) and motions for voluntary dismissal (ECF Nos. 7/8) are DENIED as moot. DATED: December 5, 2017 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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