Reid v. Baker et al

Filing 26

ORDER that the Motion/Application for Leave to Proceed in forma pauperis ECF No. 23 is DENIED AS MOOT. Signed by Judge Howard D. McKibben on 8/20/2018. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 16 17 18 19 RAFAEL REID, ) ) Petitioner, ) ) v. ) ) CCS BAKER, et al. ) ) Respondents. ) ) _________________________________ ) 3:17-cv-00532-HDM-VPC ORDER Petitioner in this stayed habeas matter has filed a motion for 20 leave to proceed in forma pauperis. 21 already been granted leave to proceed in forma pauperis in this 22 action, the motion (ECF No. 23) is DENIED AS MOOT. (ECF No. 23). As petitioner has 23 From the envelopes attached to the motion, it appears that 24 petitioner first attempted to file his motion in Eighth Judicial 25 District Court. However, the Eighth Judicial District Court Clerk 26 forwarded the motion to this court, presumably because it contained 27 this case number in the caption. It is unclear whether the motion was 28 docketed in the Eighth Judicial District Court or was simply forwarded to this court. Petitioner is advised that he may need to re-file the 1 motion in state court and that he should avoid listing this federal 2 case number, in the caption at least, in any motion filed in state 3 court. 4 IT IS SO ORDERED. 5 DATED: This 20th day of August, 2018. 6 7 8 _________________________________ HOWARD D. MCKIBBEN UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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