Estes v. Gittere et al

Filing 4

ORDER - It is ordered that petitioner must file an IFP application, accompanied by a signed financial certificate and a statement of his inmate account. The Clerk of the Court is directed to send petitioner a blank IFP application form for incarce rated litigants with two copies of this order (Mailed to Plaintiff at ESP on 9/9/2021). The initial screening of Petitioner's petition for writ of habeas corpus (ECF No. 1 -1), and consideration of motion for appointment of counsel (ECF No. 1 -2) are DEFERRED until such time as he has fully complied with this order. Within 45 days of the date of this order, (10/23/2021), petitioner shall either pay the $5.00 filing fee or return a completed application t o proceed in forma pauperis. Failure to comply with this order will result in the dismissal of this action without prejudice and without further advance notice. Signed by Chief Judge Miranda M. Du on 9/8/2021. (Copies have been distributed pursuant to the NEF - SMR)

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Case 3:21-cv-00338-MMD-WGC Document 4 Filed 09/08/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 MICHAEL ESTES, Case No. 3:21-cv-00338-MMD-WGC 7 8 9 10 Petitioner, ORDER v. WARDEN WILLIAM GITTERE, et al., Respondents. 11 12 Petitioner Michael Estes, a pro se Nevada inmate, has not properly commenced 13 this habeas action by either paying the standard $5.00 filing fee or filing an application for 14 leave to proceed in forma pauperis (“IFP”). Estes submitted under 28 U.S.C. § 2254 a 15 petition for writ of habeas corpus (ECF No. 1-1), but Estes did not pay the $5.00 filing fee 16 or submit an IFP application. 17 Pursuant to 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a 18 $5.00 filing fee is required to initiate a habeas action in a federal district court. The Court 19 may authorize an indigent inmate to begin a habeas action without paying the $5.00 fee 20 if he or she submits an IFP application on the approved form and includes three specific 21 documents: (a) the inmate’s financial declaration and acknowledgement showing an 22 inability to prepay fees and costs, (b) a financial certificate signed by the inmate and an 23 authorized prison official, and (c) a copy of the inmate’s account statement for the six- 24 month period prior to filing. 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2. 25 26 Estes will have 45 days from the date of this order to either pay the $5.00 filing fee or submit a complete IFP application with all required documentation. 27 It is therefore ordered that the initial screening of Petitioner Michael Estes’s petition 28 for writ of habeas corpus (ECF No. 1-1) under the Rules Governing Section 2254 Cases, Case 3:21-cv-00338-MMD-WGC Document 4 Filed 09/08/21 Page 2 of 2 1 and consideration of Estes’s motion for appointment of counsel (ECF No. 1-2), are 2 deferred to until such time as he has fully complied with this order. 3 4 The Clerk of Court is directed to send Estes a blank IFP application for incarcerated litigants along with two copies of this order. 5 It is further ordered that, within 45 days of the date of this order, Estes must file an 6 IFP application that includes a: (a) financial certificate signed by Estes and an authorized 7 prison official, (b) financial declaration and acknowledgement signed by Estes, and 8 (c) copy of Estes’s inmate account statement for the six-month period prior to filing. 9 Alternatively, Estes must pay the $5.00 filing fee within 45 days. If Estes decides to pay 10 the filing fee from his inmate account, Estes must arrange to have a copy of this order 11 attached to the check for the filing fee. 12 It is further ordered that Estes’s failure to comply with this order within 45 days by 13 (a) submitting a complete IFP application or (b) paying the filing fee, will result in the 14 dismissal of this action without prejudice and without further advance notice. 15 DATED THIS 8th Day of September 2021. 16 17 18 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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