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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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. 3:17-cv-00021-LRH-WGC ISIDRO BACA, et al., 13 ORDER Respondents. 14 15 The court directed petitioner either to file an application to proceed in forma pauperis or to 16 pay the filing fee of $5.00. ECF No. 4. The court then granted petitioner an extension of time to 17 comply with the earlier order. ECF No. 6. Petitioner has neither filed a application nor paid the 18 filing fee in the allotted time. The court will dismiss the action. Although the dismissal is without 19 prejudice, the court makes no statement regarding the applicability of any procedural bars to any 20 subsequently commenced action. 21 22 Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the court will not issue a certificate of appealability. 23 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for 24 failure to comply with the court’s order. The clerk of the court shall enter judgment accordingly and 25 close this action. 26 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 27 IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General 28 for the State of Nevada, as counsel for respondents. 1 2 3 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. 4 5 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 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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