Christian v. Sheriff et al

Filing 2

ORDER. IT IS THEREFORE ORDERED that this action is dismissed without prejudice. IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability. IT IS FURTHER ORDERED that the Clerk of the Court shall send to petitioner, along w ith a copy of this order, two copies of the form for a petition for a writ of habeas corpus, two copies of the application to proceed in forma pauperis for prisoners, and a copy of any available instructions regarding both forms. IT IS FURTHER ORD ERED that petitioner may file a habeas corpus petition (on a correct form and fully completed), along with payment of the filing fee or an application to proceed in forma pauperis, to initiate a new habeas corpus action. The Court will accept no further filings in this case. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge James C. Mahan on 5/31/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ERIC CHRISTIAN,

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Petitioner,

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vs.

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2:17-cv-01518-JCM-CWH

SHERIFF, et al.,

ORDER
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Respondents.
_________________________________/

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In this case, Eric Christian, a prisoner in the Clark County Detention Center, submitted a

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petition for writ of habeas corpus for filing on May 26, 2017 (ECF No. 1-1). However, Christian did

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not pay the $5 filing fee, and he did not submit an application to proceed in forma pauperis.

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Furthermore, Christian’s petition is not on a form approved by the court, and is plainly incomplete.

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Therefore, this case will be dismissed without prejudice to Christian initiating a new habeas corpus

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action. If Christian wishes to initiate a new habeas corpus action, he must submit a fully completed

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petition for writ of habeas corpus on a correct form, together with payment of the filing fee or an

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application to proceed in forma pauperis.

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IT IS THEREFORE ORDERED that this action is dismissed without prejudice.

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IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability.

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

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with a copy of this order, two copies of the form for a petition for a writ of habeas corpus, two copies

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of the application to proceed in forma pauperis for prisoners, and a copy of any available instructions

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regarding both forms.

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IT IS FURTHER ORDERED that petitioner may file a habeas corpus petition (on a

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correct form and fully completed), along with payment of the filing fee or an application to proceed

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in forma pauperis, to initiate a new habeas corpus action. The Court will accept no further filings in

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this case.

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

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May 31, 2017.
Dated this _____ day of ________________________, 2017.

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UNITED STATES DISTRICT JUDGE
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