Franklin v. Filson et al

Filing 3

ORDER that petitioner either pay the $5.00 filing fees or submit a completed financial certificate and his inmate account statement for the past six months by 5/13/2018; action may be dismissed without prejudice if petitioner fails to comply with order. Signed by Judge Miranda M. Du on 4/13/2018. (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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TERON FRANKLIN,
Petitioner,

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Case No. 3:18-cv-00150-MMD-VPC
ORDER

v.
TIMOTHY FILSON,

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Respondent.

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This is a pro se petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254,

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submitted by petitioner Teron Franklin (ECF No. 1-1). Franklin has also submitted an

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application to proceed in forma pauperis, but he has not included the required financial

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certificate or inmate account statements. Accordingly, this matter has not been properly

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commenced. 28 U.S.C. § 1915(a)(2); Local Rule LSR 1-2.

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This action therefore is subject to dismissal without prejudice as improperly

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commenced. However, it appears from the papers presented that a dismissal without

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prejudice may materially affect a later analysis of any timeliness issue with regard to a

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new action.

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Accordingly, petitioner shall have thirty (30) days to either (1) pay the $5.00 filing

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fee or (2) submit a financial certificate completed and signed by an authorized officer and

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an inmate account statement for the past six months. Failure to do so may result in the

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dismissal of this action without prejudice.

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It is therefore ordered that within thirty (30) days of the date of this order petitioner

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must submit a completed financial certificate and his inmate account statement for the

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past six months.

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It is further ordered that if petitioner fails to comply with this order, this action may
be dismissed without prejudice.
DATED THIS 13th day of April 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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