Hernandez v. Gentry et al

Filing 3

ORDER DISMISSING CASE. IT IS HEREBY 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< /i>. IT IS FURTHER ORDERED that a certificate of appealability is DENIED because jurists of reason would not find my dismissal of this improperly commenced action without prejudice to be debatable or incorrect. The Clerk of Court is directed to SEND to Hernandez two copies each of an application form to proceed in forma pauperis for incarcerated persons and a noncapital § 2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he submitted in this action. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/26/17. (Copies have been distributed pursuant to the NEF - MR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

Robert Michael Hernandez,
Petitioner

2:17-cv-02565-JAD-CWH
Order Dismissing Case

v.
Jo Gentry, et al.,
Respondents
Petitioner Robert Michael Hernandez is serving two consecutive sentences of
6–15 years and 6–20 years after he was convicted of robbery against a person over
the age of 60.1 He has submitted a petition for writ of habeas corpus under 28
U.S.C. § 2254,2 but he did not file an application to proceed in forma pauperis or pay
the filing fee. As a result, this matter has not been properly commenced.3
This action will therefore be dismissed without prejudice to Hernandez’s
ability to refile it on the required form in a new action with either the $5.00 filing
fee or a completed application to proceed in forma pauperis. The pauper application
must also be submitted on the proper form with both an inmate account statement
for the past six months and a properly executed financial certificate.
Accordingly, IT IS HEREBY 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 that a certificate of appealability is DENIED

ECF No. 1-1 at 2.
ECF No. 1.
28 U.S.C. § 1915(a)(2); LSR1-1, 1-2.

because jurists of reason would not find my dismissal of this improperly commenced
action without prejudice to be debatable or incorrect.
The Clerk of Court is directed to SEND to Hernandez two copies each of an
application form to proceed in forma pauperis for incarcerated persons and a
noncapital § 2254 habeas petition form, one copy of the instructions for each form,
and a copy of the papers that he submitted in this action.
The Clerk of Court is directed to ENTER JUDGMENT accordingly and
CLOSE THIS CASE.
DATED: October 26, 2017.
_______________________________
______________________
_ ___ _ __ _ _
Jennifer A. Dorsey
Dorsey
Jennifer A. D s
n f r
United States District J
United States District Judge
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