Bayard v. State of Nevada et al

Filing 4

ORDER DISMISSING CASE with prejudice as improperly commenced and clearly frivolous. 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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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 ANTWON MAURICE BAYARD, 9 Petitioner, 3:15-cv-00102-RCJ-WGC 10 vs. 11 ORDER 12 13 NEVADA, STATE OF, et al., Respondents. 14 15 Petitioner has submitted a pro se form petition for writ of habeas corpus by a person attacking 16 a state detainer (ECF #1-1). However, petitioner has failed to submit an application to proceed in forma 17 pauperis or pay the filing fee. Accordingly, this matter has not been properly commenced. 28 U.S.C. 18 § 1915(a)(2) and Local Rule LSR1-2. 19 Moreover, petitioner apparently seeks to challenge the dismissal with prejudice of a civil rights 20 action that he filed in this court, case no. 3:14-cv-00446-MMD-WGC. See ECF #1-1, pp. 12, 14-15. 21 The court dismissed the earlier case–in which petitioner sought a writ of execution in the sum of 700 22 billion dollars against the Director of the Nevada Department of Corrections–with prejudice as clearly 23 frivolous. 3:14-cv-00446-MMD-VPC, ECF #s 17, 23. 24 25 26 27 28 Thus, the present action will be dismissed with prejudice for failure to file an application to proceed in forma pauperis or pay the filing fee and as clearly frivolous. 1 2 3 4 5 6 IT THEREFORE IS ORDERED that this action is DISMISSED with prejudice as improperly commenced and clearly frivolous. IT FURTHER IS ORDERED that the Clerk of Court shall ENTER JUDGMENT accordingly and close this case. Dated: This 27th day of April, 2015. Dated, this ___ day of April, 2015. 7 8 ___________________________________ UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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