Luca v. Clark County Detention Center

Filing 3

ORDER Directing Petitioner to File Application to Proceed In Forma Pauperis or Pay Filing Fee. IT IS THEREFORE ORDERED that within 30 days of the date of this order petitioner must submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis. IT IS FURTHER ORDERED that failure to do so may result in the dismissal of this action without prejudice and without further notice. IT IS FURTHER ORDERED that the Clerk of Court retain the petition but not file it at this time. Payment of filing fees due 3/5/2024. Signed by Judge Andrew P. Gordon on 2/5/2024. (Copies have been distributed pursuant to the NEF - CAH)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 Mack Luca,
4

Petitioner

5 v.

Case No.: 2:24-cv-00068-APG-EJY
Order Directing Petitioner to File
Application to Proceed In Forma Pauperis
or Pay Filing Fee

6 Clark County Detention Center,
7
8

Respondent
Mack Luca has submitted a pro se petition for writ of habeas corpus pursuant to 28

9 U.S.C. § 2241. ECF No. 1-1. He has not, however, either paid the $5.00 filing fee or submitted a
10 completed application to proceed in forma pauperis with the required inmate account statements
11 for the past sixth months and financial certificate. 28 U.S.C. § 1915(a)(2); Local Rule LSR1-2.
12

This action therefore is subject to dismissal without prejudice as improperly commenced.

13 However, it is unclear from the papers presented whether a dismissal without prejudice will
14 materially affect a later analysis of any timeliness issue with respect to a new action.
15

I THEREFORE ORDER that within 30 days of the date of this order petitioner must

16 submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis.
17

I FURTHER ORDER that failure to do so may result in the dismissal of this action

18 without prejudice and without further notice.
19

I FURTHER ORDER that the Clerk of Court retain the petition but not file it at this time.

20
21

DATED this 6th day of February 5, 2024.

22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE