Strong v. United States of America

Filing 5

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; denying 2 Motion to Appoint Counsel; denying certificate of appealability; Case terminated. Signed by Judge James C. Mahan on 9/6/2017. (Copies have been distributed pursuant to the NEF, cc: IFP, 1983 to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STIG STRONG,

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Case No. 2:17-cv-02152-JCM-VCF
Petitioner,

ORDER

v.
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UNITED STATES OF AMERICA,
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Respondent.
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Petitioner Stig Strong has submitted a pro se habeas corpus petition (ECF No. 1-

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1). He has also submitted a handwritten document that he styles an application to

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proceed in forma pauperis that is really an explanation as to why he did not file a proper

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application (ECF No. 1).

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The claims that petitioner sets forth are not cognizable in habeas corpus but

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rather are allegations of violations of his civil rights pursuant to 42 U.S.C. § 1983,

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namely allegations of violations of his Eighth Amendment right to be free from deliberate

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indifference to serious risks to his safety in Nevada Department of Corrections custody

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(ECF No. 1-1). Nettles v. Grounds, 788 F.3d 992, 1001 (9th Cir. 2015) (“[R]elief is

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available to a prisoner under the federal habeas statute only if success on the claim

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would ‘necessarily spell speedier release’ from custody.”); Estelle v. Gamble, 429 U.S.

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97, 105 (1976) (“Regardless of how evidenced, deliberate indifference to a prisoner's

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serious illness or injury states a cause of action under § 1983.”).

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Accordingly, this case will be dismissed without prejudice to the filing of a § 1983
complaint.
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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice.

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IT IS FURTHER ORDERED that petitioner’s incomplete application to proceed in

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forma pauperis (ECF No. 1) is DENIED as moot.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel

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(ECF No. 2) is DENIED as moot.

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

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jurists of reason would not find the court’s dismissal of this improperly commenced

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action without prejudice to be debatable or incorrect.

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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 civil

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rights complaint pursuant to 42 U.S.C. § 1983 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 petitioner’s application to proceed in forma
pauperis (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly
and close this case.

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September 6, 2017.
DATED: 31 August 2017.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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