Sudberry v. Baca et al

Filing 4

ORDERED that petitioner's incomplete IFP application (ECF No. 1 ) is DENIED. This action is DISMISSED without prejudice as set forth in this order. A certificate of appealability is DENIED. Clerk shall ENTER JUDGMENT accordingly and close this case. Signed by Judge Robert C. Jones on 4/5/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DENNIS SUDBERRY,

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Case No. 3:17-cv-00030-RCJ-VPC
Petitioner,

ORDER

v.
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ISIDRO BACA, et al.,
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Respondents.
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Petitioner Dennis Sudberry has submitted a pro se petition for writ of habeas

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corpus, pursuant to 28 U.S.C. § 2254 (ECF No. 1-1). While he has submitted an

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application to proceed in forma pauperis, he has failed to provide the requisite financial

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certificate or inmate account statements. Moreover, Sudberry sets forth no grounds for

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federal habeas relief in his petition; instead he states that prison medical personnel are

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violating his rights under the Americans with Disabilities Act (ADA).

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Sudberry has not properly commenced a federal habeas matter. 28 U.S.C. §

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1915(a)(2) and Local Rule LSR 1-2. Moreover, if Sudberry claims that prison medical

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personnel have denied him a wheelchair, such a claim may be cognizable under the

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ADA or under 42 U.S.C. § 1983 as a violation of his Eighth Amendment rights. Such a

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claim does not, however, state a claim for which federal habeas relief may be granted.

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Thus, the present action will be dismissed without prejudice to the filing of either

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a new petition in a new action or a civil rights complaint with either the appropriate filing

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fee or a completed application to proceed in forma pauperis on the proper form with

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both an inmate account statement for the past six months and a properly executed
financial certificate.
IT IS THEREFORE ORDERED that petitioner’s incomplete application to
proceed in forma pauperis (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice as
set forth in this order.
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 shall ENTER JUDGMENT accordingly
and close this case.

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DATED: 5 April 2017.
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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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