Augborne v. Williams et al

Filing 6

ORDER Granting 5 Motion for Reconsideration. IT IS FURTHER ORDERED that Petitioner will have 60 days from the date of this order to either pay the $5 filing fee for this action or file in this action a complete application to proceed in forma pauperis. Signed by Judge Richard F. Boulware, II on 11/18/2021.; Case reopened. (Copies have been distributed pursuant to the NEF - JQC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 BRIT AUGBORNE, III, 8 Petitioner, 9 v. 10 11 Case No. 2:21-cv-01851-RFB-VCF ORDER WARDEN WILLIAMS, et al., Respondents. 12 13 This habeas corpus action was initiated, pro se, by Brit Augborne, III, on October 14 6, 2021. The Court summarily dismissed the action without prejudice, and judgment was 15 entered accordingly on October 18, 2021 (ECF Nos. 3, 4), because Augborne did not pay 16 the filing fee or apply for in forma pauperis status. 17 On November 5, 2021, Augborne filed a Motion for Reconsideration (ECF No. 5), 18 explaining that he submitted his habeas petition without paying the filing fee and without 19 an in forma pauperis application because he felt under time pressure, presumably from 20 the applicable statute of limitations. Augborne indicates in the motion for reconsideration 21 that he is in the process of obtaining from the prison the materials he needs to apply for 22 in forma pauperis status. See 28 U.S.C. § 1915; LSR 1-1. 23 Good cause appearing, the Court will grant the motion for reconsideration, will 24 vacate the October 18 judgment and reopen this case, and will set a deadline for 25 Augborne to either pay the $5 filing fee or file a complete application to proceed in forma 26 pauperis. 27 28 1 1 The Court does not in this order express any opinion about the operation of statute 2 of limitations relative to this case, about whether the habeas petition in this case is timely, 3 or about whether any of the claims in the petition are procedurally viable or of any merit. 4 IT IS THEREFORE ORDERED that Petitioner’s Motion for Reconsideration 5 6 7 (ECF No. 5) is GRANTED. IT IS FURTHER ORDERED that the judgment entered October 18, 2021 (ECF No. 4) is vacated. The Clerk of the Court is directed to reopen this action. 8 IT IS FURTHER ORDERED that Petitioner will have 60 days from the date of this 9 order to either pay the $5 filing fee for this action or file in this action a complete application 10 to proceed in forma pauperis. It Petitioner fails to do so within the time allowed, this action 11 will be dismissed. 12 13 DATED THIS 18 day of November, 2021. 14 15 16 RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 1

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