Sudberry v. Baca et al

Filing 7

ORDER dismissing without prejudice this action for failure to comply with the Court's order; directing Clerk to enter judgment and close case; denying a certificate of appealability; directing Clerk to add NV AG as counsel for Respondents and serve Respondents a copy of this order (NEF sent 9/12/2017). Signed by Judge Larry R. Hicks on 9/11/2017. (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. 3:17-cv-00021-LRH-WGC

ISIDRO BACA, et al.,

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ORDER

Respondents.

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The court directed petitioner either to file an application to proceed in forma pauperis or to

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pay the filing fee of $5.00. ECF No. 4. The court then granted petitioner an extension of time to

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comply with the earlier order. ECF No. 6. Petitioner has neither filed a application nor paid the

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filing fee in the allotted time. The court will dismiss the action. Although the dismissal is without

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prejudice, the court makes no statement regarding the applicability of any procedural bars to any

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subsequently commenced action.

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Reasonable jurists would not find the court’s 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 this action is DISMISSED without prejudice for

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failure to comply with the court’s order. The clerk of the court shall enter judgment accordingly and

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close this action.

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

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IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General

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for the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a
copy of the this order. No response is necessary.
DATED this 11th day of September, 2017.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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