Sudberry v. Baca et al

Filing 5

ORDER Clerk shall file petition. This action dismissed without prejudice to the filing of new petition in new action with filing fee or properly completed IFP Application. Certificate of appealability is DENIED. Clerk shall se nd petitioner two copies each if IFP Application and Petition form with instructions for each. Motion for appointment of counsel is DENIED as moot. Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 4/27/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DENNIS K. SUDBERRY,
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Petitioner,

Case No. 3:14-cv-00662-RCJ-VPC

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vs.

ORDER

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ISIDRO BACA, et al.,
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Respondents.
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This habeas matter is a 28 U.S.C. § 2241 petition by an inmate challenging a prison disciplinary

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proceeding (ECF #1-1). On February 11, 2015, the court denied petitioner’s application to proceed in

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forma pauperis and directed him to pay the full filing fee of $5.00 within thirty days (ECF #4).

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Petitioner was expressly advised that failure to do so may result in the dismissal of this action. More

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than the allotted time has passed, and petitioner has failed to pay the filing fee, seek an extension, or

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respond to the court’s order in any manner. Accordingly, the petition shall be dismissed without

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prejudice.

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IT IS THEREFORE ORDERED that the Clerk shall file the petition (ECF #1-1).

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to the filing

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of a new petition in a new action with either the full filing fee or a properly completed application form

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to proceed in forma pauperis with the required financial documentation demonstrating that petitioner

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is unable to pay the filing fee.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as jurists of

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reason would not find the court’s dismissal of this improperly commenced action without prejudice to

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be debatable or incorrect.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each of an

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application form to proceed in forma pauperis for incarcerated persons and a Section 2241 habeas

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petition form, one copy of the instructions for each form, and a copy of the papers that he submitted in

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this action.

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IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF #3)
is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and
close this case.

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Dated this 27th day of April, 2015.
Dated this ______ day of April, 2015.

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UNITED STATES DISTRICT JUDGE
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