Diaz v. Filson et al

Filing 3

ORDER - This action is dismissed without prejudice to the filing of a petition in a new action with either the $5.00 filing fee or a properly completed IFP application. A certificate of appealability is denied Clerk shall send petitioner 2 copies each of an IFP application form and 2254 habeas petition form, with instructions for each form, and a copy of the papers that he submitted in this action. Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 8/29/2017. (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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JESSIE MATTHEW DIAZ,

Case No. 3:17-cv-00473-MMD-VPC
Petitioner,

ORDER

v.

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TIMOTHY FILSON, et al.,
Respondents.

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Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner has failed to file an application to

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proceed in forma pauperis or pay the filing fee. Accordingly, this matter has not been

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properly commenced. 28 U.S.C. § 1915(a)(2) and Local Rules LSR1-1, 1-2.

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Thus, the present action will be dismissed without prejudice to the filing of a habeas

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petition pursuant to 28 U.S.C. § 2254 on the form required by this court in a new action

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with either the $5.00 filing fee or a completed application to proceed in forma pauperis on

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the proper form with both an inmate account statement for the past six months and a

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properly executed financial certificate.

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It is therefore ordered that this action is dismissed without prejudice to the filing of

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a petition in a new action with either the $5.00 filing fee or a properly completed

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application form to proceed in forma pauperis.

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It is further ordered that a certificate of appealability is denied, as jurists of reason

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would not find the court's dismissal of this improperly commenced action without prejudice

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to be debatable or incorrect.

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It is further ordered that the Clerk will send petitioner two copies each of an

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application form to proceed in forma pauperis for incarcerated persons and a noncapital

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Section 2254 habeas petition form, one copy of the instructions for each form, and a copy

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of the papers that he submitted in this action.
It is further ordered that the Clerk will enter judgment accordingly and close this

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case.
DATED THIS 29th day of August 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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