Bland v. State of Nevada et al

Filing 5

ORDER. IT IS ORDERED that 1 the application to proceed in forma pauperis is DENIED, and this action is DISMISSED without prejudice to Bland's ability to file a new petition in a new action with a properly completed pauper application. The Clerk of Court is directed to 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 FURTHER IS ORDERED that a certificate of appealability is DENIED because jurists of reason would not find the courts dismissal of this improperly commenced action without prejudice to be debatable or incorrect. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/11/17. (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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JAMES BLAND,

2:17-cv-02228-JAD-CWH

Petitioner,
vs.

ORDER DISMISSING CASE

ISIDRO BACA, et al.,
Respondents.

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Petitioner James Bland has filed an application to proceed in forma pauperis and submitted

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petition for writ of habeas corpus.1 This matter has not been properly commenced because the

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pauper application does not include all required attachments. Both 28 U.S.C. § 1915(a)(2) and

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Local Rule LSR1-2 require a petitioner to attach (1) an inmate account statement for the past six

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months and (2) a properly executed financial certificate. Petitioner Bland has failed to provide

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either document. His application is therefore incomplete.

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For this reason, the application for leave to proceed in forma pauperis is denied, and this

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case will be dismissed without prejudice to Bland’s ability to file a new petition in a new action

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with a fully completed pauper application on the proper form with all required attachments.

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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (ECF

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No. 1) is DENIED, and this action is DISMISSED without prejudice to Bland’s ability to file a

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new petition in a new action with a properly completed pauper application. The Clerk of Court is

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directed to SEND petitioner two copies each of an application form to proceed in forma pauperis

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for incarcerated persons and a noncapital Section 2254 habeas petition form, one copy of the

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instructions for each form, and a copy of the papers that he submitted in this action.

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IT FURTHER IS ORDERED that a certificate of appealability is DENIED because jurists
of reason would not find the court’s dismissal of this improperly commenced action without

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ECF No. 1.

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prejudice to be debatable or incorrect.

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The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS
CASE.
DATED: October 11, 2017

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__________________________________
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UNITED STATES DISTRICT JUDGE
D STATES DISTRICT J
TA
TATE
T C

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