Perez-Marquez v. Gentry

Filing 2

ORDER. IT IS ORDERED that this action is dismissed without prejudice to the filing of a petition in a new action with either the $5.00 filing fee or a properly completed application form to proceed in forma pauperis. IT IS FURTHER ORDERED tha t a certificate of appealability is denied. IT IS FURTHER ORDERED that the clerk shall send petitioner two copies each of an application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254 habeas petition form , one copy of the instructions for each form, and a copy of the papers that he submitted in this action. IT IS FURTHER ORDERED that the clerk shall enter judgment accordingly and close this case. Signed by Judge James C. Mahan on 8/1/17. (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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OSCAR PEREZ-MARQUEZ,
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Petitioner,
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vs.
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JO GENTRY,
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Respondent.
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____________________________________/

2:17-cv-01718-JCM-PAL
ORDER

Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus pursuant to

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28 U.S.C. § 2254. ECF No. 1. Petitioner has failed to file an application to proceed in forma

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pauperis or pay the filing fee. Accordingly, this matter has not been properly commenced. 28

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U.S.C. § 1915(a)(2); Local Rules LSR1-1, 1-2.

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Thus, the present action will be dismissed without prejudice to the filing of a habeas petition

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pursuant to 28 U.S.C. § 2254 on the form required by this court in a new action with either the $5.00

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filing fee or a completed application to proceed in forma pauperis on the proper form with both an

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inmate account statement for the past six months and a properly executed financial certificate.

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IT IS THEREFORE ORDERED that this action is dismissed without prejudice to the filing

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of a petition in a new action with either the $5.00 filing fee or a properly completed application form

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to proceed in forma pauperis.

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IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists of

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reason would not find the court's dismissal of this improperly commenced action without prejudice

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to be debatable or incorrect.

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IT IS FURTHER ORDERED that the clerk shall send petitioner two copies each of an

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application form to proceed in forma pauperis for incarcerated persons and a noncapital Section

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2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers that

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he submitted in this action.

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IT IS FURTHER ORDERED that the clerk shall enter judgment accordingly and close this
case.
August 1, day of
Dated this ______2017. August, 2017.

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UNITED STATES DISTRICT JUDGE
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