Barnett v. State of Nevada

Filing 4

ORDERED that this action is DISMISSED without prejudice for petitioner's failure to comply with the court's prior 3 Order. The clerk of the court shall enter judgment accordingly. FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Robert C. Jones on 4/27/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DUSTIN BARNETT,

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Petitioner,

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vs.

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Case No. 3:15-cv-00035-RCJ-WGC

STATE OF NEVADA,

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ORDER

Respondent.

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The court directed petitioner to do two things, if petitioner actually was seeking federal

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habeas corpus relief and did not file his state post-conviction habeas corpus petition in the wrong

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court. Order (#3). First, petitioner needed either to pay the filing fee of five dollars ($5.00) or to

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file an application to proceed in forma pauperis. Second, petitioner needed to file a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254 on this court’s form. Petitioner has done neither

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of these things within the allotted time. The court will dismiss the action.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the

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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 comply with the court’s prior order (#3). The clerk of the court shall enter

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judgment accordingly.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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Dated: April 27, 2015.

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_________________________________
ROBERT C. JONES
United States District Judge

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