Kravetz v. State of Nevada

Filing 4

ORDER dismissing this action without prejudice; denying a certificate of appealability; denying as moot ECF No. #3 petitioners request for oral argument; directing the Clerk to send petitioner two copies each of an application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he submitted in this action ; directing the Clerk to enter judgment accordingly and close this case. Signed by Judge Robert C. Jones on 9/12/2019. (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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Case No. 3:19-cv-00510-RCJ-WGC

RICHARD J. KRAVETZ,
Petitioner,
v.

ORDER

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STATE OF NEVADA,
Respondents.

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Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner has not filed an application to

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proceed in forma pauperis or paid the filing fee. Accordingly, this matter has not been

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properly commenced. 28 U.S.C. § 1915(a)(2) and Local Rules LSR 1-1, 1-2. In addition,

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the petition is not on the form provided by this court. Local Rule, LSR 3-1.

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

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habeas petition pursuant to 28 U.S.C. § 2254 on the form required by this court in a new

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action with either the $5.00 filing fee or a completed application to proceed in forma

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pauperis on the proper form with both an inmate account statement for the past six

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months and a properly executed financial certificate.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice

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to the filing of a petition in a new action with either the $5.00 filing fee or a properly

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completed application form to proceed in forma pauperis.

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IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists

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of reason would not find the court's dismissal of this improperly commenced action

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without prejudice to be debatable or incorrect.

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IT IS FURTHER ORDERED that petitioner’s request for oral argument (ECF No.
3) is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each

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of an application form to proceed in forma pauperis for incarcerated persons and a

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noncapital Section 2254 habeas petition form, one copy of the instructions for each

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

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.
DATED: This 12th___ of September, 2019. 2019.
DATED THIS day day of ________,

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UNITED STATES DISTRICT JUDGE

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