Cross v. Baca et al

Filing 3

ORDER DENYING 1 Motion/Application for Leave to Proceed IFP. Payment of $5.00 filing fee due by 1/16/2013. FURTHER ORD that the Clerk of the Court shall send petitioner 2 copies of this order. ( Mailed to Petitioner 12/17/2012. ) Petitioner is ordered to make the necessary arrangements to have 1 copy of this order attached to the check paying the filing fee. FURTHER ORD that the Clerk of the Court shall send petitioner a copy of the petition. ( Mailed to Petitioner 12/17/2012. ) FURTHER ORD that petitioner shall re-submit his petition, signed under penalty of perjury, by 1/16/2013. Signed by Judge Miranda M. Du on 12/17/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/17/2012 for bold (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES EDWARD CROSS,

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Case No. 3:12-cv-00651-MMD-WGC
Petitioner,

ORDER

v.
INEAZ BACA, et al.,

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Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (dkt. no. 1)

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and a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court finds

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that petitioner is able to pay the full filing fee of five dollars ($5.00).

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Petitioner has not signed and verified his petition, as required by 28 U.S.C.

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§ 2242 and Rule 2(c)(5) of the Rules Governing Section 2254 Cases in the United

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States District Courts. Petitioner will need to correct this omission, or the Court will

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dismiss this action.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis

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(dkt. no. 1) is DENIED. Petitioner shall have thirty (30) days from the date that this

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order is entered to have the filing fee of five dollars ($5.00) sent to the Clerk of the

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Court. Failure to comply will result in the dismissal of this action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send petitioner two

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copies of this order. Petitioner is ordered to make the necessary arrangements to have

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one copy of this order attached to the check paying the filing fee.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send petitioner a
copy of the petition.

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IT IS FURTHER ORDERED that petitioner shall re-submit his petition, signed

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under penalty of perjury, within thirty (30) days of entry of this order. Failure to comply

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will result in the dismissal of this action.

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DATED THIS 17th day of December 2012.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE