Silva v. Baca et al

Filing 3

ORDER DISMISSING CASE without prejudice to the filing of a habeas petition, on the required form, in a new action, accompanied by properly completed IFP application or filing fee. Clerk shall send petitioner two copies each of IFP application form and petition form with instructions for each (mailed 7/26/16). Clerk shall enter judgment and close case. Certificate of appealability is denied. Signed by Judge Howard D. McKibben on 7/26/16. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
ANTHONY SILVA,.
9
Petitioner,

3:16-cv-00431-HDM-VPC

10
vs.
11
ORDER
12
13

ISIDRO BACA, et al.,
Respondents.

14
15

Petitioner has submitted an entirely hand-written document styled as a petition for habeas

16

corpus. ECF No. 1. Because he appears to be challenging his state custody under a state-court

17

judgment, he is required to complete a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,

18

on the court-approved form. Local Rule, LSR 2-1 (requiring plaintiffs appearing in pro se to file all of

19

their complaints and petitions on the court’s approved forms).

20

In addition, petitioner has failed to submit an application to proceed in forma pauperis or pay

21

the filing fee. Accordingly, this matter has not been properly commenced. 28 U.S.C. § 1915(a)(2) and

22

Local Rule, LSR1-1, 1-2.

23

Thus, the present action will be dismissed without prejudice to the filing of a habeas petition

24

pursuant to 28 U.S.C. § 2254 on the form required by this court in a new action with either the $5.00

25

filing fee or a completed application to proceed in forma pauperis on the proper form with both an

26

inmate account statement for the past six months and a properly executed financial certificate.

27

IT IS THEREFORE ORDERED that this action shall be DISMISSED without prejudice to

28

the filing of a habeas petition, on the required form, in a new action, accompanied by either a properly

1

completed pauper application or a filing fee of $5.00.

2

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

3

application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254

4

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

5

submitted in this action.

6
7

IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this
case.

8

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

9

Dated this 26th day of July, 2016.

10
11
12

___________________________________
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-