Barrera v. Holder et al

Filing 3

ORDERED that this action is DISMISSED without prejudice to the filing of a new petition in a new action. FURTHER ORD Clerk shall send P 2 IFP w instr, and 2 2254 forms w instr. (Forms mailed to P 3/1/2012) FURTHER ORD that P may file a new petition in a new action, but he may not file further documents in this action. FURTHER ORD Clerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 3/1/2012. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 RUBEN BARRERA, ) ) Petitioner, ) ) vs. ) ) ERIC H. HOLDER, JR., et al., ) ) Respondents. ) ____________________________________/ 3:12-cv-00110-LRH-WGC ORDER 14 This action is a pro se petition for a writ of habeas corpus filed by a Nevada state prisoner. 15 16 Neither a filing fee nor an application to proceed in forma pauperis was submitted with the petition. 17 Petitioner must either submit the $5.00 filing fee for habeas petitions or an application to proceed in 18 forma pauperis. 19 20 IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice to the filing of a new petition in a new action. 21 IT FURTHER IS ORDERED that the Clerk of the Court shall send petitioner two copies of 22 an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two 23 copies of a blank 28 U.S.C. ยง 2254 habeas petition form, and one copy of instructions for the same. 24 IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but he 25 may not file further documents in this action. 26 /// 27 /// 28 /// 1 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. 2 3 Dated this 1st day of March, 2012. 4 5 6 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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