Franklin v. Howell et al

Filing 7

ORDER Denying without prejudice Petitioner's 6 Motion/Application for Leave to Proceed in forma pauperis. Petitioner has until 6/11/2018 to either: (a) file a FULLY COMPLETE application for leave to proceed in forma pauperis OR (b) pay t he $5.00 filing fee. If Petitioner fails to do either of these things by this court-ordered deadline, his case will be DISMISSED without further prior notice. Signed by Judge Jennifer A. Dorsey on 5/14/2018. (Copies have been distributed pursuant to the NEF - IFP prisoner instructions/form mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Jeffrey Lynn Franklin,

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Case No.: 2:18-cv-00444-JAD-NJK

Petitioner

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v.

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Jerry Howell, et al.,

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Order

Respondents

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Pro se petitioner and adjudicated habitual criminal Jeffrey Lynn Franklin is serving a 10-

10 year sentence the Three Lakes Valley Conservation Camp. 1 He petitions for a writ of habeas
11 corpus under 28 U.S.C. § 2254 and argues that he was denied effective assistance of appellate
12 counsel. 2 Franklin failed to pay the $5.00 filing fee or apply for leave to proceed in forma
13 pauperis when he initiated this action, so I gave him one month to do one of those things. 3 I also
14 informed Franklin that, if he chose to file a pauper application, the application must be complete
15 and include “a signed financial certificate and a statement of his inmate account for the last six
16 months.” 4 Franklin has since filed a pauper application, but it is on the wrong form and lacks the
17 financial documents that I told him to include. 5 Nevertheless, I will give Franklin one last
18 chance to file a fully complete pauper application or pay the $5.00 filing fee.
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Accordingly, IT IS HEREBY ORDERED that Franklin’s application for leave to proceed

20 in forma pauperis [ECF No. 6] is DENIED without prejudice.
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IT IS FURTHER ORDERED that Franklin has until June 11, 2018, to either: (a) file a

22 FULLY COMPLETE application for leave to proceed in forma pauperis that INCLUDES a
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ECF No. 1-1 at 2; NEV. DEP’T OF CORR. (May 9, 2018) http://doc.nv.gov/Inmates/Home/
(inmate search by name Jeffrey Franklin or offender ID 94922).
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25 ECF No. 1-1 at 4.
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ECF No. 5.

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Id.

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ECF No. 6.
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1 signed financial certificate and a statement of his inmate account for the last six months;
2 OR (b) pay the $5.00 filing fee.
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If Franklin fails to do either of these things by this court-ordered deadline, his case will

4 be DISMISSED without further prior notice.
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The Clerk of Court is directed to SEND to Franklin a blank pauper application form

6 for incarcerated litigants.
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Dated: May 14, 2018
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U.S. District Judge Jennifer A. Dorsey

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