Richmond v. Nevada Attorney General

Filing 5

ORDER DISMISSING CASE. IT IS ORDERED that this action is DISMISSED WITHOUTPREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis application. IT FURTHER IS ORDERED that the clerk of the court shall send petitione r two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for same, two copies of a blank 28:2254 habeas corpus form, one copy of instructions for the same, and a copy of the petition in this action (Sent). < b> IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis application in a new action, but he may not file further documents in this action. IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly. Signed by Chief Judge Robert C. Jones on 6/7/2012. (Copies have been distributed pursuant to the NEF - MLC) Modified on 6/7/2012 to reflect a copy of the petition sent to petitioner.(MLC).

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DANIEL C. RICHMOND,
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Petitioner,
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vs.
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NEVADA ATTORNEY GENERAL, et al., )
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Respondents.
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____________________________________/

3:12-cv-00260-RCJ-WGC
ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
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by a Nevada state prisoner. Petitioner has submitted a habeas petition and seeks leave to proceed in
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forma pauperis. (ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees,
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a prisoner seeking to proceed in forma pauperis “shall submit a certified copy of the trust fund
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account statement (or institutional equivalent) for the prisoner for the 6-month period immediately
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preceding the filing of the complaint . . . obtained from the appropriate official of each prison at
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which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(1), (2). Petitioner in the instant action
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has failed to submit an in forma pauperis application that provides the necessary financial
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information.
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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT
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PREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis
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application in compliance with 28 U.S.C. § 1915(a).
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IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of

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an in forma pauperis application form for a prisoner, one copy of the instructions for same, two

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copies of a blank 28 U.S.C. § 2254 habeas corpus form, one copy of instructions for the same, and a

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copy of the petition in this action.

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IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis
application in a new action, but he may not file further documents in this action.
IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly.
Dated this ______ day June, 2012.
Dated this 7th day of of May, 2012.

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UNITEDUNITED STATES DISTRICT JUDGE
CHIEF STATES DISTRICT JUDGE

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