Kelsey v. Baker et al

Filing 3

ORDER that petitioner's IFP application (ECF No. 1 ) is denied; $5 filing fee due by 6/11/2018; failure to comply with this order will result in dismissal of this action; if Kelsey is unable to pay the filing fee, he may file a new IFP application; Clerk directed to send petitioner 2 copies of this order (mailed to petitioner on 4/27/2018). Signed by Judge Miranda M. Du on 4/27/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ZACHARY KELSEY,

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Petitioner,

ORDER

v.

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Case No. 3:18-cv-00174-MMD-VPC

RENEE BAKER, et al.,

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Respondents.

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

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by Zachary Kelsey, a Nevada prisoner. Kelsey filed his habeas corpus petition (ECF No.

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1-1), along with an application to proceed in forma pauperis (ECF No. 1), and a motion

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for appointment of counsel (ECF No. 1-2), on April 24, 2018.

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In light of the information provided in the application to proceed in forma pauperis,
the Court finds that Kelsey is able to pay the $5 filing fee for this action.

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It is therefore ordered that petitioner’s application to proceed in forma pauperis

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(ECF No. 1) is denied. Petitioner will have 45 days from the date of this Order to have his

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payment of the filing fee of $5 sent to the Clerk of the Court. Failure to comply with this

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order will result in dismissal of this action. If Kelsey is unable to pay the filing fee, he may

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file a new application to proceed in forma pauperis.

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It is further ordered that the Clerk of the Court is to send Petitioner two copies of

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this order. Petitioner is ordered to make the necessary arrangements to have one copy

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of this order attached to the check sent to the Court in payment of the filing fee.

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DATED THIS 27th day of April 2018.

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MIRANDA M. DU,
UNITED STATES DISTRICT JUDGE

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