Gunn v. Attorney General State of Nevada

Filing 4

ORDER.IT IS ORDERED that 1-1 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. Petitioner is denied a certificate of appealability. The Clerk of Court is instructed to file the 1-1 Petition, add Nevada Attorney General Aaron D. Ford for Respondents, informally serve the Nevada Attorney General with the petition (ECF No. 1-1) and this order by sending a notice of electronic filing to the Nevada Attorney Generals office, and enter final judgment and close case. Signed by Judge Jennifer A. Dorsey on 1/17/2023. (Copies have been distributed pursuant to the NEF - KF)

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Case 2:22-cv-01955-JAD-BNW Document 4 Filed 01/17/23 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Christopher Gunn, 5 Case No. 2:22-cv-01955-JAD-BNW Petitioner 6 v. 7 Attorney General State of Nevada, et al., 8 Order Dismissing Petition and Closing Case Respondents 9 10 Pro se Petitioner Christopher Gunn initiated this case by submitting a Petition for Writ of 11 Habeas Corpus 1 on November 21, 2022, but he did not pay the $5 habeas filing fee or file an 12 application to proceed in forma pauperis (“IFP”). 2 On November 30, 2022, the court ordered 13 petitioner to either pay the filing fee or submit a complete IFP application with all required 14 attachments by January 13, 2023. 3 He was warned that a failure to comply would result in the 15 dismissal of this action without prejudice and without further advance notice. 4 To date, Gunn 16 has not filed a completed IFP application, paid the filing fee, requested an extension of time, or 17 taken any other action to prosecute this case. 18 IT IS THEREFORE ORDERED: 19 1. Petitioner Christopher Gunn’s Petition for Writ of Habeas Corpus [ECF No. 1-1] 20 is DISMISSED WITHOUT PREJUDICE based his on failure to comply with 21 the court’s order [ECF No. 3] or the Local Rules of Practice. 22 2. Petitioner is denied a certificate of appealability, as jurists of reason would not 23 find dismissal of the petition for the reasons stated herein to be debatable or 24 wrong. 25 26 27 28 1 ECF No. 1-1. See 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2. 3 ECF No. 3. 4 Id. 2 1 Case 2:22-cv-01955-JAD-BNW Document 4 Filed 01/17/23 Page 2 of 2 3. The Clerk of Court is instructed to 1 2 • FILE the Petition (ECF No. 1-1). 3 • ADD Nevada Attorney General Aaron D. Ford as counsel for Respondents. 5 4 5 • INFORMALLY SERVE the Nevada Attorney General with the 6 petition (ECF No. 1-1) and this order by sending a notice of electronic 7 filing to the Nevada Attorney General’s office. 8 • ENTER final judgment accordingly and close this case. 9 10 11 U.S. District Judge Jennifer A. Dorsey January 17, 2023 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 No response is required from respondents other than to respond to any orders of a reviewing court. 2

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