McKinley v. State of Nevada
Filing
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ORDER DISMISSING CASE without prejudice. Certificate of Appealability will not issue. Signed by Judge James C. Mahan on 6/21/2018. (Copies have been distributed pursuant to the NEF - JM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAMIR GABRIEL MCKINLEY,
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Petitioner,
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Case No. 2:18-cv-00467-JCM-GWF
ORDER
v.
STATE OF NEVADA,
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Respondent.
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The court ordered petitioner either to file an application to proceed in forma pauperis or to
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pay the filing fee. Order (ECF No. 3). Petitioner has not complied with the court’s order within
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the allotted time. The court will dismiss the action. Even though the dismissal will be without
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prejudice, petitioner remains responsible for calculating whether any later-filed action would be
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timely under 28 U.S.C. § 2244(d).
Reasonable jurists would not find the court’s decision to be debatable or wrong, and the
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court will not issue a certificate of appealability.
IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice for
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failure to comply with the court’s order. The clerk of the court shall enter judgment accordingly
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and close this action.
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IT FURTHER IS ORDERED that a certificate of appealability will not issue.
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DATED: June 21, 2018.
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______________________________
JAMES C. MAHAN
United States District Judge
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