Olausen v. Baca et al

Filing 22

ORDER - Plaintiff's motion for relief from judgment (ECF No. 14 ) is denied. Plaintiff's motion for judicial notice and to be heard (ECF No. 21 ) is denied as moot. A certificate of appealability is denied. Signed by Judge Miranda M. Du on 9/29/2017. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8

JOHN STEVEN OLAUSEN,

9
10
11

Petitioner,

14

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

12
13

Case No. 3:15-cv-00525-MMD-VPC

This closed action is a pro se petition for a writ of habeas corpus filed pursuant to
28 U.S.C. § 2254 by a Nevada state prisoner.

15

By order filed October 21, 2015, the Court dismissed this action without prejudice

16

because petitioner failed to submit a proper application to proceed in forma pauperis.

17

(ECF No. 4.) Judgment was entered on October 21, 2015. (ECF No. 5.)

18

On November 24, 2015, the Court granted petitioner’s motion for relief from the

19

order dismissing his case because of his failure to submit a proper in forma pauperis

20

application. (ECF No. 8.) In the same order, the Court dismissed this case as a successive

21

petition. Judgment was entered on November 24, 2015. (ECF No. 9.) Petitioner then filed

22

a motion seeking reconsideration of the Court’s order of November 24, 2015. (ECF No.

23

10.) The Court denied petitioner’s motion for reconsideration on September 7, 2016. (ECF

24

No. 12.)

25

Petitioner has filed a second motion for reconsideration. (ECF No. 14.) Plaintiff

26

cannot continue to file motions asking for reconsideration. Accordingly, Plaintiff’s motion

27

for relief from judgment (ECF No. 14) is denied. Plaintiff’s motion for judicial notice and to

28

be heard (ECF No. 21) is denied as moot.

1

It is further ordered that, because reasonable jurists would not find the dismissal

2

of a successive petition to be debatable or wrong, a certificate of appealability is denied.

3

DATED THIS 29th day of September 2017.

4
5
6

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
2