McDaniels v. Nevada Department of Corrections et al

Filing 3

ORDERED that this action is dismissed without prejudice to the filing of a petition in a new action with either the $5.00 filing fee or a properly completed IFP application.A certificate of appealability is denied.Clerk shall se nd petitioner two copies each of an IFP application form and a noncapital Section 2254 habeas petition form with instructions and a copy of the papers that he submitted in this action. (Forms, and specified papers, attached hereto for distributi on to P via ESP law library.) Clerk shall enter judgment accordingly and close this case. Signed by Judge Larry R. Hicks on 11/19/2020. (Attachments: # 1 IFP form and Instructions, # 2 IFP form copy 2, # 3 WHC form and Instructions, # 4 WHC form copy 2, # 5 Copy of papers submitted)(Copies have been distributed pursuant to the NEF - DRM) Modified on 11/19/2020 for spelling (DRM).

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Case 3:20-cv-00623-LRH-CLB Document 3 Filed 11/19/20 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 HARVEY McDANIELS, 10 Petitioner, v. 11 12 Case No. 3:20-cv-00623-LRH-CLB ORDER NEVADA DEPT. OF CORRECTIONS, 13 Respondents. 14 15 Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner has not filed an application to 17 proceed in forma pauperis or paid the filing fee. Accordingly, this matter has not been 18 properly commenced. 28 U.S.C. § 1915(a)(2) and Local Rules LSR 1-1, 1-2. In addition, 19 the petition is not on the form provided by this court. Local Rule, LSR 3-1. 20 Thus, the present action will be dismissed without prejudice to the filing of a 21 habeas petition pursuant to 28 U.S.C. § 2254 on the form required by this court in a new 22 action with either the $5.00 filing fee or a completed application to proceed in forma 23 pauperis on the proper form with both an inmate account statement for the past six 24 months and a properly executed financial certificate. 25 IT IS THEREFORE ORDERED that this action is dismissed without prejudice to 26 the filing of a petition in a new action with either the $5.00 filing fee or a properly 27 completed application form to proceed in forma pauperis. 28 /// Case 3:20-cv-00623-LRH-CLB Document 3 Filed 11/19/20 Page 2 of 2 1 IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists 2 of reason would not find the court's dismissal of this improperly commenced action 3 without prejudice to be debatable or incorrect. 4 IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each 5 of an application form to proceed in forma pauperis for incarcerated persons and a 6 noncapital Section 2254 habeas petition form, one copy of the instructions for each 7 form, and a copy of the papers that he submitted in this action. 8 9 10 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. DATED this 19th day of November, 2020. 11 12 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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