Mitchell v. Washoe County Sheriff's Department

Filing 4

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN PATRICK MITCHELL,

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Case No. 3:16-cv-00674-MMD-VPC
Petitioner,

ORDER

v.
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WASHOE COUNTY SHERIFF’S
DEPARTMENT,

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Respondents.

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Petitioner Steven Patrick Mitchell submitted a one-page document styled a petition

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for original writ, with a state-court heading, that he apparently also filed with the Ninth

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Circuit Court of appeals (ECF No. 1-1). He has failed to submit an application to proceed

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in forma pauperis or pay the filing fee. He appeared to be in custody at the Washoe

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County Detention Center when he mailed the document; however, on December 1, 2016,

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the notice that the Clerk of Court mailed to petitioner to advise him that he had been

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assigned a case number was returned with the notation “Not Here” (ECF No. 3).

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Moreover, Mitchell sets forth no grounds in his submission that could have plausibly been

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exhausted in the state courts in such a relatively short time period.

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Mitchell has not properly commenced a federal habeas matter. 28 U.S.C. §

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1915(a)(2) and Local Rule LSR1-2. Thus, the present action will be dismissed without

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prejudice to the filing of a new petition in a new action with either the appropriate filing fee

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

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

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certificate.

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It is therefore ordered that the Clerk detach and file petitioner’s document at ECF
No. 1-1.
It is further ordered that this action is dismissed without prejudice as set forth in
this order.

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It is further ordered that a certificate of appealability is denied, as jurists of reason

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would not find the Court’s dismissal of this improperly commenced action without

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prejudice to be debatable or incorrect.

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

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DATED THIS 16th day of December 2016.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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