Sudberry v. Baca et al

Filing 3

ORDER directing Clerk to send Petitioner a blank IFP form (mailed 1/24/2017); dismissing without prejudice this action; directing Clerk to enter judgment accordingly; denying a certificate of appealabilty. Signed by Judge Robert C. Jones on 1/24/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 DENNIS KIRK SUDBERRY, 10 Petitioner, 11 vs. 12 Case No. 3:16-cv-00687-RCJ-WGC ISIDRO BACA, et al., 13 ORDER Respondents. 14 15 Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 16 The court dismisses this action because petitioner did not pay the filing fee, nor did he submit an 17 application to proceed in forma pauperis with a financial certificate and a copy of his inmate 18 account statement, as required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2. 19 20 Reasonable jurists would not find this conclusion to be debatable or wrong, and the court will not issue a certificate of appealability. 21 22 IT IS THEREFORE ORDERED that the clerk of the court shall send petitioner a blank form for an application to proceed in forma pauperis for incarcerated litigants. 23 IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to 24 petitioner’s commencement of a new action in which he either pays the filing fee in full or submits 25 a complete application to proceed in forma pauperis, accompanied by a signed financial certificate 26 and a statement of his inmate account. The clerk of the court shall enter judgment accordingly and 27 close this action. 28 /// 1 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 2 DATED: January 24, 2017. 3 4 _________________________________ ROBERT C. JONES United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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