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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CLINT B. MOSS,

Case No. 3:17-cv-00277-MMD-WGC

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Petitioner,

ORDER

v.
ATTORNEY GENERAL, et al.,

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Respondents.

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On May 1, 2017, Clint B. Moss, a prisoner at Nevada’s Ely State Prison, submitted

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for filing a petition for writ of habeas corpus (ECF No. 1-1), a motion for appointment of

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counsel (ECF No. 1-2), and a financial certificate of the sort used to support an application

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to proceed in forma pauperis (ECF No. 1-3).

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Moss has not paid the $5 filing fee for this action, and, while he submitted a

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financial certificate, he did not submit an actual application to proceed in forma pauperis.

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For this reason, this case will be summarily dismissed, without prejudice to Moss initiating

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a new habeas corpus action.

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If Moss wishes to initiate a new habeas corpus action, he must submit a petition

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for writ of habeas corpus together with payment of the $5 filing fee or an application to

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proceed in forma pauperis, on a correct form, fully completed, and accompanied by all

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necessary supporting material.

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It is therefore ordered that this action is dismissed without prejudice.

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It is further ordered that the Clerk of the Court send to petitioner, along with a copy

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of this order, two (2) copies of his petition for writ of habeas corpus (ECF No. 1-1), two

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(2) copies of the form for a petition for a writ of habeas corpus, two (2) copies of the form

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for an application to proceed in forma pauperis for a prisoner, and any available

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instructions regarding those forms.

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DATED THIS 10th day of May 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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