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 send 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 distribution 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).

Case 3:20-cv-00623-LRH-CLB Document 3 Filed 11/19/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HARVEY McDANIELS,

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Petitioner,
v.

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Case No. 3:20-cv-00623-LRH-CLB
ORDER

NEVADA DEPT. OF CORRECTIONS,

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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 to

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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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///

Case 3:20-cv-00623-LRH-CLB Document 3 Filed 11/19/20 Page 2 of 2

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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 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 19th day of November, 2020.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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