Banks v. Song et al

Filing 3

ORDER - This action is dismissed. Petitioner is denied a certificate of appealability. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 7/21/2017. (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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FREDERICK BANKS,

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Case No. 3:17-cv-00440-MMD-VPC
Petitioner,

ORDER

v.
SOO SONG, et al.,
Respondents.

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In this case, on July 20, 2017, Frederick Banks, who is apparently incarcerated at

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the Northeast Ohio Correctional Center, in Youngstown, Ohio, awaiting trial in a federal

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criminal action, submitted a “Complaint for a Writ of Quo Warranto, Prohibition and

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Mandamus” (ECF No. 1-1, p. 1) (hereafter, “petition”).

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Banks did not pay the filing fee for this action. He attached to his petition what

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appears to be an application to proceed in forma pauperis (ECF No. 1-1 at 2); however,

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that application is not on the form approved by this Court, and it does not include all the

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information required by this Court for such an application.

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Furthermore, Banks’ petition is plainly meritless. This Court has no jurisdiction over
the individuals or subject matter described in Banks’ petition.

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Therefore, this case will be summarily dismissed.

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It is therefore ordered that this action is dismissed.

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It is further ordered that the petitioner is denied a certificate of appealability.

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It is further ordered that the Clerk of the Court enter judgment accordingly.

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DATED THIS 21st day of July 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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