Church v. State Of Nevada

Filing 3

ORDER. IT IS HEREBY ORDERED that the clerk shall send petitioner a new motion for leave to proceed in forma pauperis form and instructions therefor. Petitioner shall have thirty (30) days from the date of entry of this order to file t he said motion. Alternatively, petitioner shall have thirty days to pay the full $5.00 filing fee. FURTHER ORDERED, clerk shall send two copies of this order to P. FURTHER ORDERED, clerk shall send P a set of form for filing § 2254 action, with instructions. Petitioner shall have forty-five days from the date of entry of this order to file a revised petition. (Clerk sent all forms and copies of this order to P on: 2/24/2012) Signed by Chief Judge Robert C. Jones on 2/23/2012. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AVERY CHURCH, JR.,

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Petitioner,
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vs.
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STATE OF NEVADA, et al.,
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Respondents.
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____________________________________/

3:11-cv-00904-RCJ-VPC
ORDER

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Petitioner has submitted a document to the court in which he appears to challenge his criminal

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conviction in state court and the effectiveness of his counsel during his criminal proceedings. (ECF No.

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1.) Accordingly, the court construes this action as a petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254. However, petitioner has failed to simultaneously submit either a motion for leave to

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proceed in forma pauperis or payment of the $5.00 filing fee. Petitioner shall be sent a motion for leave

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to proceed in forma pauperis form, should he wish to apply for pauper status, and alternatively given

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an opportunity to pay the requisite filing fee.

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Additionally, the petition for writ of habeas corpus submitted in this action is not written on the

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form required by this court for petitioners proceeding pro se. A pro se habeas corpus petitioner is

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required to use the court’s approved form for filing actions pursuant to 28 U.S.C. § 2254. Local Rules

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of Special Proceedings 3-1. The court will provide petitioner with the approved form for filing a pro

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se habeas corpus petition. Petitioner shall be allowed an additional period of time within which to file

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with the court a proposed habeas corpus petition using the form provided by the court. If petitioner fails

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to provide the court with his petition using the court approved forms, this action may be dismissed and

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closed.

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IT IS THEREFORE ORDERED that the clerk shall send to petitioner a new motion for leave

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to proceed in forma pauperis form and instructions therefor. Petitioner shall have thirty (30) days from

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the date of entry of this order within which to file a motion for leave to proceed in forma pauperis.

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Alternatively, petitioner shall have thirty (30) days from the date of entry of this order within which to

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have the full $5.00 filing fee sent to the clerk. Petitioner’s failure to either submit a fully completed

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motion for leave to proceed in forma pauperis or the filing fee may result in the dismissal of this action.

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IT IS FURTHER ORDERED that the clerk shall send petitioner two copies of this order. If

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petitioner chooses not to submit a new motion for leave to proceed in forma pauperis, then petitioner

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is ordered to make the necessary arrangements to have one copy of this order attached to the check in

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the amount of the full $5.00 filing fee within thirty (30) days from the date of entry of this order.

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IT IS FURTHER ORDERED that the clerk shall send petitioner a set of forms for filing § 2254

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actions in this court, together with instructions for filing such forms. Petitioner shall have forty-five

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(45) days from the date of the entry of this order within which to file a revised petition using only the

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court approved form. If petitioner fails to comply with this directive, this action shall be dismissed and

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closed.

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23rd
Dated this __________ day of February, 2012.

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___________________________________
UNITED STATES DISTRICT JUDGE

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