Pittman v. State of Nevada et al

Filing 11

ORDERED that petitioner's # 1 Motion for leave to proceed IFP is DENIED. The Clerk shall send to petitioner the proper form and instructions for filing an application to proceed IFP and for filing a petition for WHC. (Forms mailed to P 9/1 7/2013) FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE to petitioner filing his application and petition in a new action. The Clerk shall enter judgment accordingly. Signed by Chief Judge Robert C. Jones on 9/16/2013. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8

DELASK PITTMAN,

9

Petitioner,

10

vs.

11

STATE OF NEVADA,

12

Respondent.

)
)
)
)
)
)
)
)
)

3:13-cv-00191-RCJ-WGC
ORDER

13

Petitioner Delask Pittman has filed an incomplete application to proceed in forma pauperis and

14

has submitted a document he has entitled “Motion of Motion and Notice of Appeal Herein Request”

15

(ECF. No. 1-1) which appears to be an attempt to appeal the “final judgment order”in a Nevada Supreme

16

Court case number 59625. The Motion appears to request an extension of time of twelve days to file

17

his petition. These documents were filed with the court on April 17, 2013. It has been more than the

18

twelve days requested by the petitioner and no additional documents have been submitted.

19

Petitioner’s application to proceed in forma pauperis is not on the proper form and it is

20

incomplete as it does not include the required financial certificate signed by an authorized prison official

21

or any financial statement of his prison accounts, as required by 28 U.S.C. § 1915A or the local rules

22

of practice. LRS 1-1 and 1-2. Moreover, the Motion is incomprehensible and does not contain any of

23

the necessary information to inform the court of the nature of his proposed action. This matter will be

24

dismissed without prejudice.

25

IT IS THEREFORE ORDERED that petitioner’s motion for leave to proceed in forma

26

pauperis without having to prepay the full filing fee (ECF No. 1) is DENIED. The Clerk shall send to

1

petitioner the proper form and instructions for filing an application to proceed in forma pauperis and for

2

filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

3

IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE to

4

petitioner filing his application and petition in a new action. The Clerk shall enter judgment accordingly.

5

Dated this 16th day of September, 2013.

6
7

_______________________________________
UNITED STATES CHIEF DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2