Randolph v. Baker et al

Filing 5

ORDER Denying without prejudice Petitioner's incomplete 1 Motion/Application for Leave to Proceed in forma pauperis. Within 45 days of the date of this order petitioner shall either submit the $5.00 filing fee or submit a fully completed application to proceed in forma pauperis. Signed by Judge Richard F. Boulware, II on 4/19/2018. (Copies have been distributed pursuant to the NEF - 2 prisoner IFP forms along with instructions mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROGER RANDOLPH,

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Case No. 2:18-cv-00449-RFB-VCF

Petitioner,

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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Petitioner has submitted a pro se petition for writ of habeas corpus, pursuant to

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28 U.S.C. § 2254, and an application to proceed in forma pauperis (ECF Nos. 1, 1-1).

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The matter has not been properly commenced because the pauper application does not

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include all required attachments. Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2,

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an inmate petitioner must complete the proper form for an application to proceed in

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forma pauperis and must attach both an inmate account statement for the past six

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months and a properly executed financial certificate. Petitioner did not attach a properly

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executed financial certificate or an inmate account statement for the past six months.

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The application, therefore, is incomplete.

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This action therefore is subject to dismissal without prejudice as improperly

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commenced. However, it is unclear from the papers presented whether a dismissal

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without prejudice may materially affect a later analysis of any timeliness issue with

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regard to a new action. 1 Accordingly, petitioner shall have forty-five (45) days to submit

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a fully completed application to proceed in forma pauperis by an inmate.

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IT IS THEREFORE ORDERED that petitioner’s incomplete application to

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proceed in forma pauperis (ECF No. 1) is DENIED without prejudice as set forth in this

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order.

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IT IS FURTHER ORDERED that within forty-five (45) days of the date of this

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order petitioner shall either submit the $5.00 filing fee or submit a fully completed

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application to proceed in forma pauperis on the proper form and shall include a properly

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executed financial statement and an inmate account statement for the past six months.

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IT IS FURTHER ORDERED that if petitioner fails to comply with this order, this
action may be dismissed without prejudice.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies of
the application to proceed in forma pauperis by an inmate, along with the instructions.

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DATED: April 19, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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Petitioner indicates that the Nevada Supreme Court affirmed his convictions on direct appeal on January
30, 2015, and that the Nevada Supreme Court affirmed the denial of his state postconviction petition on
June 14, 2017 (ECF No. 1-1). He submitted his federal habeas petition for mailing on March 6, 2018. Id.

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