Smalley v. Gittere et al

Filing 4

ORDER - IT IS ORDERED that within 30 days of the date of this order (by October 7, 2021), petitioner must submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis. IT IS FURTHER ORDERED that failure to do so may result in the dismissal of this action without prejudice. IT IS FURTHER ORDERED that the Clerk retain the petition but not file it at this time. Signed by Judge Robert C. Jones on 9/7/2021. (Copies have been distributed pursuant to the NEF - SMR)

Case 3:21-cv-00331-RCJ-CLB Document 4 Filed 09/07/21 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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DEON D. SMALLEY,
v.

Petitioner,

ORDER

WILLIAM GITTERE, et al.,
Respondents.

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Case No. 3:21-cv-00331-RCJ-CLB

Deon D. Smalley has submitted a pro se petition for writ of habeas corpus,

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pursuant to 28 U.S.C. § 2254 (ECF No. 1-1). He has not, however, either paid the

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$5.00 filing fee or submitted a completed application to proceed in forma pauperis with

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the required inmate account statements for the past sixth months and financial

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certificate. 28 U.S.C. § 1915(a)(2); Local Rule LSR1-2.

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This action therefore is subject to dismissal without prejudice as improperly

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commenced. However, it is unclear from the papers presented whether a dismissal

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without prejudice will materially affect a later analysis of any timeliness issue with

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respect to a new action.

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Case 3:21-cv-00331-RCJ-CLB Document 4 Filed 09/07/21 Page 2 of 2

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IT IS THEREFORE ORDERED that within 30 days of the date of this order
petitioner must submit either the $5.00 filing fee or a fully completed application to
proceed in forma pauperis.
IT IS FURTHER ORDERED that failure to do so may result in the dismissal of
this action without prejudice.
IT IS FURTHER ORDERED that the Clerk retain the petition but not file it at this
time.
DATED: 7 day of September 2021.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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