Moss v. Filson et al

Filing 3

ORDER - This action is dismissed without prejudice. Clerk shall send P this order, 2 cps of petition, 2 cps WHC form, 2 cps IFP form, with available instructions. ( Specified docs mailed to P 5/10/2017. ) Signed by Judge Miranda M. Du on 5/10/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 CLINT B. MOSS, Case No. 3:17-cv-00277-MMD-WGC 11 12 13 Petitioner, ORDER v. ATTORNEY GENERAL, et al., 14 Respondents. 15 16 On May 1, 2017, Clint B. Moss, a prisoner at Nevada’s Ely State Prison, submitted 17 for filing a petition for writ of habeas corpus (ECF No. 1-1), a motion for appointment of 18 counsel (ECF No. 1-2), and a financial certificate of the sort used to support an application 19 to proceed in forma pauperis (ECF No. 1-3). 20 Moss has not paid the $5 filing fee for this action, and, while he submitted a 21 financial certificate, he did not submit an actual application to proceed in forma pauperis. 22 For this reason, this case will be summarily dismissed, without prejudice to Moss initiating 23 a new habeas corpus action. 24 If Moss wishes to initiate a new habeas corpus action, he must submit a petition 25 for writ of habeas corpus together with payment of the $5 filing fee or an application to 26 proceed in forma pauperis, on a correct form, fully completed, and accompanied by all 27 necessary supporting material. 28 It is therefore ordered that this action is dismissed without prejudice. 1 It is further ordered that the Clerk of the Court send to petitioner, along with a copy 2 of this order, two (2) copies of his petition for writ of habeas corpus (ECF No. 1-1), two 3 (2) copies of the form for a petition for a writ of habeas corpus, two (2) copies of the form 4 for an application to proceed in forma pauperis for a prisoner, and any available 5 instructions regarding those forms. 6 7 DATED THIS 10th day of May 2017. 8 9 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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