Layer v. Palmer et al

Filing 3

ORDER. IT IS ORDERED that petitioner's application 1 to proceed in formapauperis is DENIED without prejudice. IT FURTHER IS ORDERED that petitioner shall have thirty (30) days within which to either pay the $5.00 filing fee or file a ne w and properly completed application to proceed in forma pauperis together with a properly executed financial certificate and an inmate accountstatement. IT FURTHER IS ORDERED that, within thirty (30) days, petitionershall file a supplemental exhibi t with a copy of all written state court written decisions regarding his conviction. If petitioner fails to comply with this order, the action will be dismissed without further advance notice.The Clerk of Court shall send petitioner two copies of an in forma pauperis application form for incarcerated persons along with one copy of the instructions for same (SENT). (Payment of filing fees due 8/26/2011. Notice of Compliance is due by 8/26/2011.) Signed by Chief Judge Robert C. Jones on 7/25/2011. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHN AUBREY LAYER,
#1034189,

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3:11-cv-00500-RCJ-RAM
Petitioner,

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vs.
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ORDER
JACK PALMER, et al.,
Respondents.

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This habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s
application (#1) to proceed in forma pauperis.

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The pauper application is incomplete. Under 28 U.S.C. § 1915(a)(2) and Local Rule

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LSR1-2, the petitioner must attach both an inmate account statement for the past six months

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and a properly executed financial certificate. Petitioner submitted neither.

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Petitioner additionally failed to comply with the instruction on the petition form that he
attach a copy of all state court written decisions regarding his conviction.
IT THEREFORE IS ORDERED that petitioner’s application (#1) to proceed in forma
pauperis is DENIED without prejudice.

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IT FURTHER IS ORDERED that petitioner shall have thirty (30) days within which to

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either pay the $5.00 filing fee or file a new and properly completed application to proceed in

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forma pauperis together with a properly executed financial certificate and an inmate account

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statement.

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IT FURTHER IS ORDERED that, within thirty (30) days of entry of this order, petitioner

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shall file a supplemental exhibit with a copy of all written state court written decisions

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regarding his conviction.

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If petitioner fails to timely and fully comply with this order, the action will be dismissed
without further advance notice.
The Clerk of Court shall send petitioner two copies of an in forma pauperis application
form for incarcerated persons along with one copy of the instructions for same.
DATED: This

25th

day of July, 2011.

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_________________________________
ROBERT C. JONES
Chief United States District Judge

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