Evans v. Attorney General of the State of Nevada

Filing 3

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 11 DONALD EVANS, IV, Case No. 3:17-cv-00003-MMD-WGC Petitioner, ORDER v. 12 13 WARDEN R. BAKER, et al., Respondents. 14 15 16 17 Petitioner has submitted an application to proceed in forma pauperis and a habeas petition. (ECF No. 1.) 18 The matter has not been properly commenced because the pauper application 19 does not include all required attachments. Under 28 U.S.C. § 1915(a)(2) and Local Rule 20 LSR1-2, a petitioner must attach both an inmate account statement for the past six (6) 21 months and a properly executed financial certificate. Petitioner did not provide either. The 22 application therefore is incomplete. 23 The application for leave to proceed in forma pauperis therefore will be denied, 24 and the present action will be dismissed without prejudice to the filing of a new petition in 25 a new action with a pauper application on the proper form with all required attachments. 26 It does not appear from the papers presented that a dismissal without prejudice 27 will materially affect a later analysis of any timeliness issue with regard to a promptly filed 28 new action. 1 It is therefore ordered that the application to proceed in forma pauperis (ECF No. 2 1) is denied and that this action will be dismissed without prejudice to the filing of a new 3 petition in a new action with a properly completed pauper application. 4 It is further ordered that a certificate of appealability is denied, as jurists of reason 5 would not find the Court’s dismissal of this improperly commenced action without 6 prejudice to be debatable or incorrect. 7 It is further ordered that the Clerk send petitioner two (2) copies each of an 8 application form to proceed in forma pauperis for incarcerated persons and a noncapital 9 Section 2254 habeas petition form, one (1) copy of the instructions for each form, and a 10 11 12 13 copy of the papers that he submitted in this action. It is further ordered that the Clerk of Court enter judgment accordingly and close this case. DATED THIS 17th day of January 2017. 14 15 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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