Richmond v. Board of Parole Commissioners et al

Filing 3

ORDER DISMISSING CASE. IT IS ORDERED that petitioner's application to proceed in forma pauperis 1 is DENIED. IT IS FURTHER ORDERED that the Clerk shall detach and FILE the petition [1-1] (Ack'd). IT IS FURTHER ORDERED that the petition is DISMISSED. IT IS FURTHER ORDERED that the Clerk shall send to plaintiff the approved forms for filing a civil rights lawsuits under an Application to Proceed In Forma Pauperis by a prisoner, and instrutions (Sent). Signed by Chief Judge Robert C. Jones on 1/10/2012. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDY RICHMOND,
#68978

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Plaintiff,
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vs.
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BOARD OF PAROLE
COMMISSIONERS, et al.,

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Defendants.

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3:11-cv-00884-RCJ-WGC
ORDER

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Petitioner filed an application to proceed in forma pauperis and submitted a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a motion for appointment of counsel. However,

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his allegations of Fourteenth Amendment due process violations related to his conditions of confinement

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sound in civil rights. Accordingly, this petition is dismissed. If petitioner wishes to pursue his claims,

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he shall file a civil rights complaint pursuant to 42 U.S.C. § 1983 on the court-approved form in a new

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case with a new case number. He shall also include an application to proceed in forma pauperis with

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all of the requisite financial information, or the full filing fee.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma
pauperis (ECF #1) is DENIED.

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IT IS FURTHER ORDERED that the Clerk shall detach and FILE the petition (ECF

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#1-1).

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IT IS FURTHER ORDERED that the petition is DISMISSED.

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IT IS FURTHER ORDERED that the Clerk SHALL SEND to plaintiff the approved

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forms for filing a civil rights lawsuits under 42 U.S.C. §1983 and an Application to Proceed In Forma

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Pauperis by a prisoner, as well as the document “Information and Instructions for Filing a Motion to

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Proceed In Forma Pauperis.”

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DATED: This 10th day of January, 2012.
December 19, 2011.
_________________________________________
UNITED STATES DISTRICT JUDGE

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