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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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DENNIS KIRK SUDBERRY,

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Petitioner,

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vs.

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Case No. 3:16-cv-00687-RCJ-WGC

ISIDRO BACA, et al.,

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ORDER

Respondents.

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Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.

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The court dismisses this action because petitioner did not pay the filing fee, nor did he submit an

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application to proceed in forma pauperis with a financial certificate and a copy of his inmate

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account statement, as required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2.

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Reasonable jurists would not find this conclusion to be debatable or wrong, and the court
will not issue a certificate of appealability.

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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.

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to

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petitioner’s commencement of a new action in which he either pays the filing fee in full or submits

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a complete application to proceed in forma pauperis, accompanied by a signed financial certificate

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and a statement of his inmate account. The clerk of the court shall enter judgment accordingly and

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close this action.

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///

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

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DATED:

January 24, 2017.

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_________________________________
ROBERT C. JONES
United States District Judge

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