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