Moran v. Warden, LCC et al

Filing 4

ORDER dismissing without prejudice this action for failure to comply with ECF No. 3 Order; directing Clerk to enter judgment accordingly and close case; denying a certificate of appealability; directing Clerk to add NV AG to docket and provide copies of this order and all prior filings to NV AG (NEFs sent 1/8/2021). Signed by Chief Judge Miranda M. Du on 1/8/2021. (Copies have been distributed pursuant to the NEF - KR)

Case 3:20-cv-00620-MMD-WGC Document 4 Filed 01/08/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARVIN MORAN,

Case No. 3:20-cv-00620-MMD-WGC
Petitioner,

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ORDER

v.
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WARDEN, L.C.C., et al.,
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Respondents.
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This is a habeas corpus action under 28 U.S.C. § 2254. The Court directed

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Petitioner either to pay the filing fee or to file an application to proceed in forma pauperis.

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(ECF No. 3.) Petitioner has not complied with the Court’s order within the allotted time.

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The Court will therefore dismiss the action. The dismissal will be without prejudice, but the

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Court makes no statement regarding the timeliness of any subsequently commenced

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action.
Reasonable jurists would not find the Court’s determination to be debatable or

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wrong, and thus the Court will not issue a certificate of appealability.
It is therefore ordered that this action is dismissed without prejudice for Petitioner’s

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failure to comply with the Court’s order (ECF No. 3).

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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It is further ordered that a certificate of appealability will not issue.

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It is further ordered that that the Clerk of Court add Aaron Ford, Attorney General

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for the State of Nevada, as counsel for Respondents.

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Case 3:20-cv-00620-MMD-WGC Document 4 Filed 01/08/21 Page 2 of 2

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It is further ordered that the Clerk of Court provide copies of this order and all prior

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filings to the Attorney General in a manner consistent with the Clerk of Court’s current

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practice, such as regeneration of notices of electronic filing. No response by the Attorney

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General is necessary.

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DATED THIS 8th Day of January 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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