Colon v. Williams et al

Filing 5

ORDER DISMISSING CASE without prejudice. A certificate of appealability will not issue. Signed by Chief Judge Gloria M. Navarro on 6/20/2018. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 MARC ANTHONY COLON, 12 Petitioner, 13 14 Case No. 2:18-cv-00602-GMN-PAL ORDER v. BRIAN WILLIAMS, et al., 15 Respondents. 16 The court ordered petitioner either to file an application to proceed in forma pauperis or to 17 18 pay the filing fee. Order (ECF No. 4). Petitioner has not complied with the court’s order within 19 the allotted time. The court will dismiss the action. Even though the dismissal will be without 20 prejudice, petitioner remains responsible for calculating whether any later-filed action would be 21 timely under 28 U.S.C. § 2244(d). Reasonable jurists would not find the court’s decision to be debatable or wrong, and the 22 23 court will not issue a certificate of appealability. IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice for 24 25 failure to comply with the court’s order. The clerk of the court shall enter judgment accordingly 26 and close this action. 27 /// 28 /// 1 1 IT FURTHER IS ORDERED that a certificate of appealability will not issue. 2 DATED: June 20, 2018 3 ______________________________ GLORIA M. NAVARRO Chief United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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