Herndon v. Neven et al

Filing 10

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THOMAS WRAY HERNDON,

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Petitioner,

ORDER

v.

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Case No. 3:20-cv-00489-MMD-CLB

DWIGHT NEVEN, et al.,
Respondents.

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Petitioner Thomas Herndon, a Nevada state prisoner, has submitted a pro se

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petition for writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1) This habeas matter

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is before the Court for consideration of Petitioner’s application to proceed in forma

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pauperis (IFP). (ECF No. 5.)

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Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00

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filing fee is required to initiate a habeas action in a federal district court. A federal district

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court may authorize a person to begin an action without prepaying fees and costs if the

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person submits an IFP application on the approved form along with the appropriate

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supporting documentation. 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2.

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Although Petitioner submitted the required form, the supporting documents show

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Petitioner is able to pay the $5.00 filing fee. Thus, Petitioner does not qualify for a fee

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waiver. The Court therefore denies Petitioner’s IFP application and gives him 45 days to

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pay the filing fee.1
It is therefore ordered that Petitioner’s application to proceed in forma pauperis

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(ECF No. 5) is denied.

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1On

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,

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2020.

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The Clerk of Court is directed to mail Petitioner two copies of this order. If possible,

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Petitioner should arrange to have a copy of this order attached to the check for the filing

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fee.

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The initial screening of the petition for writ of habeas corpus (ECF No. 1-1) under

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the Rules Governing Section 2254 Cases and consideration of Petitioner’s motion for

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appointment of counsel (ECF No. 4) are deferred until such time as Petitioner has fully

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complied with this order.

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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.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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