Banks v. Cessar et al

Filing 3

ORDER. IT IS ORDERED that this action is DISMISSED as improperly commenced and frivolous. IT IS FURTHER ORDERED that 1 petitioner's application to proceed in forma pauperis is DENIED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. (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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***

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FREDERICK BANKS,

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Case No. 2:17-cv-01988-KJD-CWH
Petitioner,

ORDER

v.
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ROBERT CESSAR, et al.,
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Respondents.
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Petitioner has submitted a purported pro se petition for writ of habeas corpus

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under 28 U.S.C. § 2254 (ECF No. 1-1). The petition is not on the court-required form,

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and petitioner has filed an incomplete application to proceed in forma pauperis.

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Accordingly, this matter has not been properly commenced. 28 U.S.C. § 1915(a)(2) and

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Local Rule LSR1-2. The present action, therefore, will be dismissed.

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Moreover, petitioner’s submissions appear delusional and frivolous.

To the

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extent that petitioner sets forth any discernible factual allegations cognizable in federal

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habeas or discernible, plausible factual allegations that would state a claim for which

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relief may be granted in any event, he appears to seek to challenge a federal criminal

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sentence imposed by the Western District of Pennsylvania.

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challenging a federal conviction generally must file a § 2255 motion to vacate, set aside

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or correct the sentence in that federal case itself.

However, a petitioner

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Further, this court takes judicial notice of its docket, and this court previously

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dismissed two cases filed by Banks: 2:16-cv-1153-JAD-VCF and 2:16-cv-1155-RFB-

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VCF. The court consolidated those cases and stated that Banks had been declared a
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vexatious litigant by the Western District of Pennsylvania, did not seek prior
authorization to file a complaint in the District of Nevada, and apparently attempted to
circumvent the Pennsylvania order by filing cases here.
IT IS THEREFORE ORDERED that this action is DISMISSED as improperly
commenced and frivolous.
IT IS FURTHER ORDERED that petitioner’s application to proceed in forma
pauperis (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.

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DATED: 16 November 2017.
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KENT J. DAWSON
UNITED STATES DISTRICT JUDGE

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