Williams El Bey v. Gentry et al

Filing 4

ORDER - Clerk shall send petitioner a blank form for IFP form for incarcerated litigants. (Mailed 5/10/201 7.) This action is dismissed without prejudice to petitioner's commencement of a new action in which he either pays the filing fee in f ull or submits a complete IFP application, accompanied by a signed financial certificate and a statement of his inmate account. Clerk shall enter judgment accordingly and close this action. A certificate of appealability is denied. Signed by Judge Miranda M. Du on 5/9/2017. (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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THOMAS LAMONT WILLIAMS EL BEY,

Case No. 3:17-cv-00259-MMD-WGC

Petitioner,

ORDER

v.
JO GENTRY, et al.,
Respondents.

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Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2241. The Court dismisses this action because petitioner did not pay the filing

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fee, nor did he submit an application to proceed in forma pauperis with a financial

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certificate and a copy of his inmate account statement, as required by 28 U.S.C.

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§ 1915(a)(2) and Local Rule LSR 1-2. A preliminary review of the petition indicates that a

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promptly commenced new action would not suffer any difficulties under the one-year time

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limit of 28 U.S.C. § 2244(d)(1).

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Reasonable jurists would not find this conclusion to be debatable or wrong, and
the Court will not issue a certificate of appealability.
It is therefore ordered that the Clerk of the Court send petitioner a blank form for
an application to proceed in forma pauperis for incarcerated litigants.

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It is further ordered that this action is dismissed without prejudice to petitioner’s

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commencement of a new action in which he either pays the filing fee in full or submits a

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complete application to proceed in forma pauperis, accompanied by a signed financial

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certificate and a statement of his inmate account. The Clerk of the Court will enter

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judgment accordingly and close this action.

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it is further ordered that a certificate of appealability is denied.

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DATED THIS 9th day of May 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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