Gourley v. Baca et al

Filing 4

ORDER that Clerk detach and file the habeas petition ECF No. 1 -1; this action is dismissed without prejudice; a certificate of appealability is denied; Clerk directed to enter judgment and close case. Signed by Judge Miranda M. Du on 4/12/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FRANK P. GOURLEY,

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Case No. 3:17-cv-00379-MMD-WGC
Petitioner,

ORDER

v.
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ISIDRO BACA, et al.,
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Respondents.
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On November 3, 2017, this Court denied § 2254 petitioner Frank P. Gourley’s

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application to proceed in forma pauperis and directed him to pay the $5.00 filing fee within

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thirty (30) days. (ECF No. 3.) More than the allotted time has elapsed, and Gourley has

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not paid the filing fee nor contacted the Court in any way. Accordingly, the petition will be

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dismissed without prejudice for failure to comply with this Court’s order to pay the filing

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fee.
It is therefore ordered that the Clerk detach and file the habeas petition (ECF No.

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1-1).
It is further ordered that this action is dismissed without prejudice as set forth in
this order.

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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 enter judgment accordingly and close this case.

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DATED THIS 12th day of April 2018.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE