Kefalas v. The State of Nevada et al

Filing 2

ORDER. IT IS ORDERED that the Clerk shall detach and file 1 -1 the petition. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to the filing of a new petition on the court's form in a new action with a properly completed a pplication form to proceed in forma pauperis or the $5.00 filing fee. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case. Signed by Judge James C. Mahan on 4/12/2018. (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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***

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PETER KEFALAS,

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Case No. 2:18-cv-00203-JCM-PAL
Petitioner,

ORDER

v.
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THE STATE OF NEVADA, et al.,
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Respondents.
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It appears that petitioner Peter Kefalas intended to initiate a pro se petition for

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writ of habeas corpus, pursuant to 28 U.S.C. § 2254 (ECF No. 1-1). The petition is not

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on the court’s required form. Moreover, petitioner has failed to submit an application to

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proceed in forma pauperis or pay the filing fee. Accordingly, this matter has not been

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properly commenced. 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2.
Thus, the present action will be dismissed without prejudice to the filing of a new

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petition in a new action on this court’s form with either the $5.00 filing fee or a

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completed application to proceed in forma pauperis on the proper form with both an

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inmate account statement for the past six months and a properly executed financial

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certificate.

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It does not appear from the papers presented that a dismissal without prejudice

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will materially affect a later analysis of any timeliness issue with regard to a new action

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filed in a timely manner after petitioner has exhausted all available state remedies.1

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The papers that petitioner has attached to his filing appear to indicate remittitur issued for his direct appeal
on September 29, 2017. See also Nevada Court of Appeals Case No. 70899.

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Petitioner at all times remains responsible for properly exhausting his claims, for
calculating the running of the federal limitation period as applied to his case, and for
properly commencing a timely-filed federal habeas action.
IT IS THEREFORE ORDERED that the Clerk shall detach and file the petition
(ECF No. 1-1).
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to
the filing of a new petition on the court’s form in a new action with a properly completed
application form to proceed in forma pauperis or the $5.00 filing fee.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as
jurists of reason would not find the court’s dismissal of this improperly commenced
action without prejudice to be debatable or incorrect.
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
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 IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly
and close this case.
DATED: April 12, 2018.
9 April 2018.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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