Jones v. State of Nevada et al

Filing 3

ORDER Instructing Petitioner to File an IFP Application or Pay the Filing Fee. It is therefore ordered that the initial screening of the petition for writ of habeas corpus ECF No. 1 - 1 is deferred. Payment of filing fees due 10/15/2024. S igned by Judge Cristina D. Silva on 8/29/2024. (For Distribution by law library. Law Librarian please provide a copy of this order and the attached IFP Packet to P. ) (Attachments: # 1 IFP Packet)(Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 Chris Jones,

Case No.: 2:24-cv-01556-CDS-BNW
Order Instructing Petitioner to File
an IFP Application or
Pay the Filing Fee

Petitioner

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6 v.

7 State of Nevada, et al.,

[ECF No. 1]

Respondents

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Petitioner Chris Jones, a pro se Nevada prisoner, has not properly commenced this

11 habeas action by either paying the standard $5.00 filing fee or filing an application for leave to
12 proceed in forma pauperis (“IFP”).
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Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00 filing fee

14 is required to initiate a habeas action in a federal district court. The Court may authorize an
15 indigent prisoner to begin a habeas action without paying the $5 fee if he or she submits an IFP
16 application on the approved form and includes three specific documents: (a) the prisoner’s
17 financial declaration and acknowledgement showing an inability to prepay fees and costs, (b) a
18 financial certificate signed by the prisoner and an authorized prison official, and (c) a copy of the
19 prisoner’s account statement for the six-month period prior to filing. 28 U.S.C. § 1915(a); LSR 120 1, LSR 1-2.
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Jones has until October 15, 2024, to either pay the $5 filing fee or submit a complete IFP

22 application with all required documentation.
Conclusion

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It is therefore ordered that the initial screening of the petition for writ of habeas corpus

25 (ECF No. 1-1) under the Rules Governing Section 2254 Cases is deferred until such time as Jones
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The Clerk of Court is instructed to send Jones (1) a blank form IFP application for

2 incarcerated litigants along with instructions, and (2) a copy of this order.
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It is further ordered that by October 15, 2024, Jones must file an IFP application that

4 includes a: (a) financial certificate signed by Jones and an authorized prison official, (b) financial
5 declaration and acknowledgement signed by Jones, and (c) copy of Jones’s inmate account
6 statement for the six-month period prior to filing. Alternatively, Jones must pay the $5 filing fee
7 by October 15, 2024. If Jones decides to pay the filing fee from his inmate account, he must
8 arrange to have a copy of this order attached to the check for the filing fee.
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It is further ordered that Jones’s failure to comply with this order by October 15, 2024, by

10 either submitting a complete IFP application, or paying the filing fee will result in the dismissal
11 of this action without prejudice and without further notice.
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Dated: August 29, 2024

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Cristina D. Silva
United States District Judge

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