Herndon v. Neven et al
ORDERED that Petitioner's IFP application (ECF No. 5) is denied. Petitioner must pay the $5.00 filing fee by November 30, 2020. Clerk is directed to mail Petitioner two copies of this order (Two copies instant order attached hereto for distribution to P via LCC law library.) If possible, Petitioner should arrange to have a copy of this order attached to the check for the filing fee. The initial screening of the petition for writ of habeas corpus (ECF No. #1 -1), and consideration of Petitioner's motion for appointment of counsel (ECF No. #4 ) are deferred until such time as Petitioner has fully complied with this order. Signed by Chief Judge Miranda M. Du on 10/16/2020. (Attachments: #1 2nd Copy of Order for Plaintiff)(Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
THOMAS WRAY HERNDON,
Case No. 3:20-cv-00489-MMD-CLB
DWIGHT NEVEN, et al.,
Petitioner Thomas Herndon, a Nevada state prisoner, has submitted a pro se
petition for writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1) This habeas matter
is before the Court for consideration of Petitioner’s application to proceed in forma
pauperis (IFP). (ECF No. 5.)
Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00
filing fee is required to initiate a habeas action in a federal district court. A federal district
court may authorize a person to begin an action without prepaying fees and costs if the
person submits an IFP application on the approved form along with the appropriate
supporting documentation. 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2.
Although Petitioner submitted the required form, the supporting documents show
Petitioner is able to pay the $5.00 filing fee. Thus, Petitioner does not qualify for a fee
waiver. The Court therefore denies Petitioner’s IFP application and gives him 45 days to
pay the filing fee.1
It is therefore ordered that Petitioner’s application to proceed in forma pauperis
(ECF No. 5) is denied.
October 11, 2020, Petitioner notified the Court that he has already submitted
a brass slip to prison officials to pay the $5.00 filing fee.
It is further ordered that Petitioner must pay the $5.00 filing fee by November 30,
The Clerk of Court is directed to mail Petitioner two copies of this order. If possible,
Petitioner should arrange to have a copy of this order attached to the check for the filing
The initial screening of the petition for writ of habeas corpus (ECF No. 1-1) under
the Rules Governing Section 2254 Cases and consideration of Petitioner’s motion for
appointment of counsel (ECF No. 4) are deferred until such time as Petitioner has fully
complied with this order.
Failure to timely comply with this order will result in the dismissal of this action
without further advance notice.
DATED THIS 16th Day of October 2020.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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