Polk v. Nevada Corrections Department et al

Filing 3

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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 RENARD T. POLK, 9 10 11 12 13 ) ) Petitioner, ) ) vs. ) ) NEVADA DEPARMENT OF ) CORRECTIONS, et al., ) ) Respondents. ) ____________________________________/ 3:17-cv-000248-HDM-VPC ORDER 14 15 Petitioner, a Nevada prisoner, has filed a document styled as an “Application to Enforce an 16 Order,” with which he asks this court to enforce what he claims is state court order directing his 17 release from prison. ECF No. 1-1. Petitioner has failed to submit an application to proceed in forma 18 pauperis or pay the filing fee. Accordingly, this matter has not been properly commenced. 28 19 U.S.C. § 1915(a)(2) and Local Rules LSR1-1, 1-2. 20 Moreover, petitioner sets forth no discernible factual allegations cognizable in federal court 21 as grounds for relief. The state court order he cites as grounds for his release is merely an order 22 directing the State of Nevada to respond to a habeas petition filed in the District Court for Clark 23 County, Nevada. ECF No. 1-1, p. 5. Petitioner's submission is groundless and frivolous. The 24 present action, therefore, will be dismissed. Reasonable jurists would not find the court's 25 conclusions to be debatable or wrong, and the court will not issue a certificate of appealability. 26 1 2 IT IS THEREFORE ORDERED that this action is DISMISSED as improperly commenced and frivolous. 3 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 4 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this 5 6 case. Dated this 1st day of June, 2017. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?