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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 STEVEN PATRICK MITCHELL, 9 Case No. 3:16-cv-00674-MMD-VPC Petitioner, ORDER v. 10 11 WASHOE COUNTY SHERIFF’S DEPARTMENT, 12 Respondents. 13 14 Petitioner Steven Patrick Mitchell submitted a one-page document styled a petition 15 for original writ, with a state-court heading, that he apparently also filed with the Ninth 16 Circuit Court of appeals (ECF No. 1-1). He has failed to submit an application to proceed 17 in forma pauperis or pay the filing fee. He appeared to be in custody at the Washoe 18 County Detention Center when he mailed the document; however, on December 1, 2016, 19 the notice that the Clerk of Court mailed to petitioner to advise him that he had been 20 assigned a case number was returned with the notation “Not Here” (ECF No. 3). 21 Moreover, Mitchell sets forth no grounds in his submission that could have plausibly been 22 exhausted in the state courts in such a relatively short time period. 23 Mitchell has not properly commenced a federal habeas matter. 28 U.S.C. § 24 1915(a)(2) and Local Rule LSR1-2. Thus, the present action will be dismissed without 25 prejudice to the filing of a new petition in a new action with either the appropriate filing fee 26 or a completed application to proceed in forma pauperis on the proper form with both an 27 inmate account statement for the past six months and a properly executed financial 28 certificate. 1 2 3 4 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. 5 It is further ordered that a certificate of appealability is denied, as jurists of reason 6 would not find the Court’s dismissal of this improperly commenced action without 7 prejudice to be debatable or incorrect. 8 It is further ordered that the Clerk enter judgment accordingly and close this case. 9 DATED THIS 16th day of December 2016. 10 11 12 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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