Palmer v. Filson et al

Filing 3

ORDERED that petitioner shall file an IFP application accompanied by a signed financial certificate and a statement of his inmate account, or pay the $5.00 filing fee, within 30 days. The Clerk shall send petitioner a blank application form for incarcerated litigants. (Mailed to P 6/6/2018.) IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies of a noncapital Section 2254 habeas petition form, a copy of the instructions for the form, and a copy of the papers that he submitted in this action. (Form, instructions, and papers mailed to P 6/6/2018.) Petitioner shall have 30 days to file his habeas petition on a fully-completed form. Signed by Judge Howard D. McKibben on 6/6/2018. (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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MARKIECE PALMER,

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Petitioner,
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vs.
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TIMOTHY FILSON, et al.,
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Respondents.
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____________________________________/

3:18-cv-00245-HDM-VPC
ORDER

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Petitioner, who is in the custody of the Nevada Department of Corrections, has submitted a

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document captioned as a petition for a writ of habeas corpus. He did not file, however, an

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application to proceed in forma pauperis, nor did he pay the filing fee of five dollars ($5.00).

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In addition, petitioner has submitted an entirely hand-written document styled as a petition

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for writ of habeas corpus. ECF No. 1-1. Because he appears to be challenging his state custody

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under a state-court judgment, he is required to complete a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 on the court-approved form. Local Rule, LSR 3-1 (requiring habeas

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petitioners appearing pro se to file all of their petitions on the court’s approved form).

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IT IS THEREFORE ORDERED that petitioner shall file an application for leave to proceed

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in forma pauperis, accompanied by a signed financial certificate and a statement of his inmate

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account. The Clerk of the Court shall send petitioner a blank application form for incarcerated

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litigants. In the alternative, petitioner shall make the necessary arrangements to pay the filing fee of

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five dollars ($5.00), accompanied by a copy of this order. Petitioner shall have thirty (30) days from

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the date that this order is entered to comply. Failure to comply will result in the dismissal of this

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action.

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IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies of a noncapital

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

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that he submitted in this action. Petitioner shall have thirty (30) days to file his habeas petition on a

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fully-completed form. Failure to comply will result in the dismissal of this action.

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Dated this 6th day of June, 2018.

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UNITED STATES DISTRICT JUDGE
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