Polk v. Nevada Corrections Department et al
Filing
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ORDER dismissing this action as improperly commenced and frivolous; denying a certificate of appealability; directing Clerk to enter judgment and close case. Signed by Judge Howard D. McKibben on 6/1/2017. (Copies have been distributed pursuant to the NEF - KR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RENARD T. POLK,
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Petitioner,
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vs.
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NEVADA DEPARMENT OF
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CORRECTIONS, et al.,
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Respondents.
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____________________________________/
3:17-cv-000248-HDM-VPC
ORDER
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Petitioner, a Nevada prisoner, has filed a document styled as an “Application to Enforce an
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Order,” with which he asks this court to enforce what he claims is state court order directing his
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release from prison. ECF No. 1-1. Petitioner has failed to submit an application to proceed in forma
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pauperis or pay the filing fee. Accordingly, this matter has not been properly commenced. 28
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U.S.C. § 1915(a)(2) and Local Rules LSR1-1, 1-2.
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Moreover, petitioner sets forth no discernible factual allegations cognizable in federal court
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as grounds for relief. The state court order he cites as grounds for his release is merely an order
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directing the State of Nevada to respond to a habeas petition filed in the District Court for Clark
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County, Nevada. ECF No. 1-1, p. 5. Petitioner's submission is groundless and frivolous. The
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present action, therefore, will be dismissed. Reasonable jurists would not find the court's
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conclusions 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 as improperly commenced
and frivolous.
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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 enter judgment accordingly and close this
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case.
Dated this 1st day of June, 2017.
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UNITED STATES DISTRICT JUDGE
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