Braunstein v. Dzurenda

Filing 4

ORDER denying ECF No. 1 IFP application; giving Petitioner 30 days to pay $5.00 filing fee; directing Clerk to send Petitioner two copies of this order (mailed 11/20/2017), one to be returned with filing fee payment. Signed by Judge Andrew P. Gordon on 11/20/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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STEVEN BRAUNSTEIN,
Petitioner,

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vs.

2:17-cv-02731-APG-CWH
ORDER

JAMES DZURENDA , et al.,
Respondent.

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Petitioner has submitted an application to proceed in forma pauperis and a petition for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254.1 ECF No. 1 The court finds that petitioner is able to

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pay the full filing fee of five dollars ($5.00).

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF No.

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1) is DENIED. Petitioner shall have thirty (30) days from the date that this order is entered to have

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the filing fee of five dollars ($5.00) sent to the clerk of the court. Failure to comply will result in the

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dismissal of this action.

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IT IS FURTHER ORDERED that the clerk of the court shall send petitioner two copies of this

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Though styled as a proceeding under 28 U.S.C. § 2241, the petition seeks relief from
custody imposed by a state court judgment, which places it under 28 U.S.C. § 2254. See White v.
Lambert, 370 F.3d 1002, 1007 (9th Cir. 2004) (confirming that § 2254 is the exclusive avenue for a
state court prisoner to challenge the constitutionality of his detention).

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order. Petitioner is ordered to make the necessary arrangements to have one copy of this order attached

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to the check paying the filing fee.

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DATED: November 20, 2017.

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_________________________________
UNITED STATES DISTRICT JUDGE

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