Evans v. Attorney General of the State of Nevada
ORDER - The IFP application (ECF No. 1) is denied This action is dismissed without prejudice to the filing of a new petition in a new action with a properly completed IFP application. A certificate of appealability is denied. The Cl erk shall send petitioner 2 copies each of an IFP application form, 2254 habeas petition form, instructions for each; and a copy of the papers that he submitted in this action. (Mailed 1/18/2017.) Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 1/17/2017. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DONALD EVANS, IV,
Case No. 3:17-cv-00003-MMD-WGC
WARDEN R. BAKER, et al.,
Petitioner has submitted an application to proceed in forma pauperis and a habeas
petition. (ECF No. 1.)
The matter has not been properly commenced because the pauper application
does not include all required attachments. Under 28 U.S.C. § 1915(a)(2) and Local Rule
LSR1-2, a petitioner must attach both an inmate account statement for the past six (6)
months and a properly executed financial certificate. Petitioner did not provide either. The
application therefore is incomplete.
The application for leave to proceed in forma pauperis therefore will be denied,
and the present action will be dismissed without prejudice to the filing of a new petition in
a new action with a pauper application on the proper form with all required attachments.
It does not appear from the papers presented that a dismissal without prejudice
will materially affect a later analysis of any timeliness issue with regard to a promptly filed
It is therefore ordered that the application to proceed in forma pauperis (ECF No.
1) is denied and that this action will be dismissed without prejudice to the filing of a new
petition in a new action with a properly completed pauper application.
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 send petitioner two (2) copies each of an
application form to proceed in forma pauperis for incarcerated persons and a noncapital
Section 2254 habeas petition form, one (1) copy of the instructions for each form, and a
copy of the papers that he submitted in this action.
It is further ordered that the Clerk of Court enter judgment accordingly and close
DATED THIS 17th day of January 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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