Banks v. Central Intelligence Agency et al

Filing 3

ORDER that this action is DISMISSED and Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED. Petitioner is denied a certificate of appealability. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 10/16/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Frederick Banks,

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Petitioner

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v.

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2:17-cv-02629-JAD-CWH
Order Dismissing Case

Central Intelligence Agency, et al.,

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[ECF No. 1, 1-1]

Respondents

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Petitioner Frederick Banks, who is apparently incarcerated at the Northeast

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Ohio Correctional Center in Youngstown, Ohio, submitted what purports to be a

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petition for a writ of habeas corpus under 28 U.S.C. § 2241.1

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Banks did not pay the filing fee for this action. He did submit what appears

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to be an application to proceed in forma pauperis,2 but that application is not on the

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form approved by this court, and it does not include all of the necessary

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information. Finally, Banks’s petition—which he purports to bring on behalf of

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“Jason Aldean, country music star and 22,000 concert attendees at Mandalay Bay,

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[the] Estate of Stephen Paddock, and Mary Lou Danley by and through Hamilton

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Brown, LLP” to compel the disclosure of FISA electronic surveillance3—is clearly

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meritless. It plainly appears from Banks’s petition that he is not entitled to habeas

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corpus relief.

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Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED and
Banks’s IFP application [ECF No. 1] is DENIED.

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ECF No. 1-1.

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ECF No. 1.

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ECF No. 1-1 at 1.

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IT IS FURTHER ORDERED that Banks is denied a certificate of
appealability.
The Clerk of Court is directed to enter judgment accordingly and CLOSE
THIS CASE.
DATED: October 16, 2017.

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_______________________________
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Jennifer A. Dorsey
Jennifer A. Dorsey
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nn
se
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United States District Judge
United States District J
te
te S
i r

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