Vasquez v. Baca et al

Filing 7

ORDER that Petitioner's Motion for Reconsideration ECF No. 6 is DENIED.IT IS FURTHER ORDERED that the Clerk is directed to send to petitioner, along with a copy of this order, a copy of his habeas corpus petition and attachments E CF No. 1 -1, a copy of his motion for appointment of counsel ECF No. 1 -2, a copy of the form habeas petition for state prisoners, a copy of the form application to proceed in forma pauperis for state prisoners, and any available instructions regarding those forms (mailed 06/19/2017). Signed by Judge Larry R. Hicks on 06/19/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROSENDO VASQUEZ,

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Petitioner,

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vs.

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3:17-cv-00240-LRH-VPC

ISIDRO BACA, et al.,

ORDER
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Respondents.
_____________________________/
In this habeas corpus action, the Court denied the in forma pauperis application of the

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petitioner, Rosendo Vasquez, on April 19, 2017, and ordered that, within 30 days, Vasquez was to

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either pay the five dollar filing fee or file a new application to proceed in forma pauperis.

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See Order entered April 19, 2017 (ECF No. 3). In that order, the Court warned that if Vasquez failed

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to pay the filing fee or file a new in forma pauperis application within the time allowed, this action

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would be dismissed. See id. Rosendo did not pay the filing fee, or file a new in forma pauperis

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application, as ordered, within that 30-day period, which expired on May 19, 2017. Therefore, on

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June 7, 2017, the Court dismissed this action, without prejudice. See Order entered June 7, 2017

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(ECF No. 4); Judgment (ECF No. 5).

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Then, on June 16, 2017, Vasquez filed a motion for reconsideration (ECF No. 6), requesting

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that the Court reconsider the dismissal of this action, reinstate the action, and grant him another 21

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days to pay the filing fee.

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The Court construes Vasquez’s motion as a motion for relief from judgment pursuant to

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Federal Rule of Civil Procedure 60(b). The Court will deny the motion, as Vasquez does not show

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that such relief is warranted under Rule 60(b).

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The dismissal of this action was without prejudice to Vasquez initiating a new habeas action
in this Court. Vasquez has shown no reason why he would be prejudiced by doing so.
IT IS THEREFORE ORDERED that petitioner’s Motion for Reconsideration (ECF No. 6)
is DENIED.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to petitioner, along

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with a copy of this order, a copy of his habeas corpus petition and attachments (ECF No. 1-1), a copy

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of his motion for appointment of counsel (ECF No. 1-2), a copy of the form habeas petition for state

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prisoners, a copy of the form application to proceed in forma pauperis for state prisoners, and any

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available instructions regarding those forms.

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Dated this 19th day of June, 2017.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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