Bogneas v. Samuels

Filing 4

ORDER - This action is dismissed as improperly commenced and frivolous. It is further ordered that a certificate of appealability is denied. The Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 10/13/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PALLE BOGNEAS,

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Case No. 3:16-cv-00314-MMD-VPC
Petitioner,

ORDER

v.
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CHARLES E. SAMUELS, JR., et al.,
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Respondents.
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Petitioner has submitted a purported pro se petition for writ of habeas corpus

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under 28 U.S.C. § 2254 (ECF No. 1-1). The petition is not on the court-required form,

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and petitioner has failed to submit an application to proceed in forma pauperis or pay

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the filing fee. Accordingly, this matter has not been properly commenced. 28 U.S.C. §

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1915(a)(2) and Local Rule LSR 3-1.

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Moreover, while petitioner attaches a 1998 complaint against him for federal tax

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evasion, he sets forth no discernible factual allegations cognizable in federal habeas

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and no discernible, plausible factual allegations that would state a claim for which relief

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may be granted in any event. Petitioner’s submissions are delusional and frivolous. The

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present action, therefore, will be dismissed. Reasonable jurists would not find the

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Court’s conclusions to be debatable or wrong, and the Court will not issue a certificate

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of appealability.

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It is therefore ordered that this action is dismissed as improperly commenced and
frivolous.
It is further ordered that a certificate of appealability is denied.

It is further ordered that the Clerk enter judgment accordingly and close this

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case.
DATED THIS 13th day of October.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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