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 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. (Attached for distribution to P via HDSP Law Library.)IT IS FURTHER ORDERED that the Clerk enter 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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ISAAC LEWIS,

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v.

Case No. 2:21-cv-00580-RFB-NJK
Petitioner,

ORDER

JOHNSON, et al.,
Respondents.

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Isaac Lewis has submitted a pro se 28 U.S.C. § 2254 habeas corpus petition but

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he has failed to submit an application to proceed in forma pauperis or pay the filing fee.

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Accordingly, this matter has not been properly commenced. 28 U.S.C. § 1915(a)(2) and

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Local Rule LSR1-2.

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The petition, therefore, is dismissed without prejudice to petitioner filing a new

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federal habeas petition, in a new case with a new case number and a new, completed

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application to proceed in forma pauperis with the required financial information or the

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$5.00 filing fee.
IT IS THEREFORE ORDERED that the Clerk detach and file the petition (ECF No.

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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.

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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.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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