Towles v. Baca et al

Filing 5

ORDER DISMISSING CASE without prejudice for failure to pay the filing fee. A certificate of appealability is denied. Signed by Judge Robert C. Jones on 01/17/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEE V. TOWLES,

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Petitioner,

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vs.

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Case No. 3:13-cv-00576-RCJ-WGC

WARDEN BACA, et al.,

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ORDER

Respondents.

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The court denied petitioner’s application to proceed in forma pauperis and directed petitioner

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to pay the filing fee of $5.00. Order (#3). Petitioner responded with a letter (#4) stating that he has

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submitted the paperwork to the prison officials for payment. More than two months have passed

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since the court has received the letter, and the court has received neither the filing fee nor any

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explanation why petitioner is unable to pay the filing fee. The court will dismiss the action. The

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court makes no comment whether a subsequently filed action will be timely.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
court will not issue a certificate of appealability.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for

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petitioner’s failure to pay the filing fee.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
Dated: This 17th day of January, 2014.
Dated: January 21, 2014.

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_________________________________
ROBERT C. JONES
United States District Judge

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