Rogers v. Russell et al

Filing 4

ORDER - This action is dismissed without prejudice for Petitioner's failure to follow the Court's order (ECF No. 3 ). It is further ordered that a certificate of appealability will not issue. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 6/7/2021. (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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ELIJAH DOUGLAS ROGERS, I,

Case No. 3:21-cv-00140-MMD-CLB

Petitioner,

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ORDER

v.
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PERRY RUSSELL, 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 file an application to proceed in forma pauperis or to pay the filing fee

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of $5.00 within 45 days. (ECF No. 3.) Petitioner has not complied with the order within the

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allotted time. The Court will accordingly dismiss this action.

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Reasonable jurists would not find the Court's conclusion to be debatable or wrong,
so the Court will not issue a certificate of appealability.
It is therefore ordered that this action is dismissed without prejudice for Petitioner’s
failure to follow the Court’s order.

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

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

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DATED THIS 7th Day of June 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE