Joe Sustacha vs State of Nevada

Filing 5

ORDER - Clerk shall detach and file the complaint (ECF No. 1 -1). This action is dismissed without prejudice to the filing of a new petition or new complaint in a new action with a properly completed IFP application or the filing fee. Petitioner&# 039;s motion for release from facility (ECF No. 4 ) is denied as moot. A certificate of appealability is denied. Clerk shall send petitioner 2 copies each of an IFP application, a 2254 habeas petition form, a § 1983 complaint form, in structions for each form, and a copy of the papers that he submitted in this action. (Form, instructions, and papers mailed to P 11/8/2017.) Clerk shall enter judgment accordingly and close this case Signed by Judge Miranda M. Du on 11/8/2017. (Copies have been distributed pursuant to the NEF - DRM) Modified on 11/8/2017 to add document title (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOE SUSTACHA,

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Case No. 3:17-cv-00536-MMD-WGC
Petitioner,

ORDER

v.
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STATE OF NEVADA, et al.,
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Respondents.
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Joe Sustacha has submitted pro se what he has styled as a complaint (ECF No.

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1-1). Sustacha appears to seek to challenge certain conditions of his confinement at

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Lakes Crossing medical facility—which might implicate his civil rights under 42 U.S.C. §

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1983—and the fact of his involuntary commitment—which might implicate his federal

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habeas corpus rights. 28 U.S.C § 2254(a).

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Sustacha has not filed an application to proceed in forma pauperis or paid any

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filing fee, and his complaint or petition is not on any of this Court’s forms. Accordingly,

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this matter has not been properly commenced. 28 U.S.C. § 1915(a)(2), Local Rules

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LSR1-2, 2-1, 3-1.

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Accordingly, the present action will be dismissed without prejudice to the filing of

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a new habeas petition or civil rights complaint in a new action with either the applicable

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filing fee or a completed application to proceed in forma pauperis on the proper form.

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It is therefore ordered that the Clerk detach and file the complaint (ECF No. 1-1).

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

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new petition or new complaint in a new action with a properly completed application form

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to proceed in forma pauperis or the filing fee.

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It is further ordered that petitioner’s motion for release from facility (ECF No. 4) is
denied as moot.

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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

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prejudice to be debatable or incorrect.

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It is further ordered that the Clerk send petitioner two (2) copies each of an

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

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Section 2254 habeas petition form, a § 1983 civil rights complaint form, one copy of the

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instructions for each form, and a copy of the papers that he submitted in this action.

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It is further ordered that the Clerk enter judgment accordingly and close this case.
DATED THIS 8th day of November 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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