Lewis v. Johnson et al

Filing 3

ORDER. IT IS ORDERED that the Clerk detach and file 1 -1 the petition. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice as improperly commenced. IT IS FURTHER ORDERED that the Clerk send to petitioner a copy of the co urt's form petition, the form application to proceed in forma pauperis with instructions, and one copy of the papers he filed in this case. (Attached for distribution to P via HDSP Law Library.)IT IS FURTHER ORDERED that the Clerk ent er judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 4/27/2021. (Attachments: # 1 2254 Instructions/Form, # 2 IFP Instructions/Form, # 3 Petition) (Copies have been distributed pursuant to the NEF - MR)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 ISAAC LEWIS, 10 11 12 v. Case No. 2:21-cv-00580-RFB-NJK Petitioner, ORDER JOHNSON, et al., Respondents. 13 14 Isaac Lewis has submitted a pro se 28 U.S.C. § 2254 habeas corpus petition but 15 he has failed to submit an application to proceed in forma pauperis or pay the filing fee. 16 Accordingly, this matter has not been properly commenced. 28 U.S.C. § 1915(a)(2) and 17 Local Rule LSR1-2. 18 The petition, therefore, is dismissed without prejudice to petitioner filing a new 19 federal habeas petition, in a new case with a new case number and a new, completed 20 application to proceed in forma pauperis with the required financial information or the 21 $5.00 filing fee. IT IS THEREFORE ORDERED that the Clerk detach and file the petition (ECF No. 22 23 24 25 26 1-1). IT IS FURTHER ORDERED that this action is DISMISSED without prejudice as improperly commenced. IT IS FURTHER ORDERED that a certificate of appealability is denied. 27 28 1 1 2 3 4 5 6 7 IT IS FURTHER ORDERED that the Clerk send to petitioner a copy of the court’s form petition, the form application to proceed in forma pauperis with instructions, and one copy of the papers he filed in this case. IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close this case. DATED: 27 April 2021. 8 9 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?