Mitchell v. Washoe County Sheriff's Department
ORDER directing Clerk to detach and file Petitioner's document ECF No. 1 -1; that this action is dismissed without prejudice; that a certificate of appealability is denied; Clerk directed to enter judgment accordingly and close case. Signed by Judge Miranda M. Du on 12/16/2016. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
STEVEN PATRICK MITCHELL,
Case No. 3:16-cv-00674-MMD-VPC
WASHOE COUNTY SHERIFF’S
Petitioner Steven Patrick Mitchell submitted a one-page document styled a petition
for original writ, with a state-court heading, that he apparently also filed with the Ninth
Circuit Court of appeals (ECF No. 1-1). He has failed to submit an application to proceed
in forma pauperis or pay the filing fee. He appeared to be in custody at the Washoe
County Detention Center when he mailed the document; however, on December 1, 2016,
the notice that the Clerk of Court mailed to petitioner to advise him that he had been
assigned a case number was returned with the notation “Not Here” (ECF No. 3).
Moreover, Mitchell sets forth no grounds in his submission that could have plausibly been
exhausted in the state courts in such a relatively short time period.
Mitchell has not properly commenced a federal habeas matter. 28 U.S.C. §
1915(a)(2) and Local Rule LSR1-2. Thus, the present action will be dismissed without
prejudice to the filing of a new petition in a new action with either the appropriate filing fee
or a completed application to proceed in forma pauperis on the proper form with both an
inmate account statement for the past six months and a properly executed financial
It is therefore ordered that the Clerk detach and file petitioner’s document at ECF
It is further ordered that this action is dismissed without prejudice as set forth in
It is further ordered that a certificate of appealability is denied, as jurists of reason
would not find the Court’s dismissal of this improperly commenced action without
prejudice to be debatable or incorrect.
It is further ordered that the Clerk enter judgment accordingly and close this case.
DATED THIS 16th day of December 2016.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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