Durand v. Ruebart et al

Filing 9

ORDER - Petitioner' s application for leave to proceed IFP (ECF No. 8 ) is DENIED. The Clerk of Court is instructed to file the petition for a writ of habeas corpus (ECF No. 1 -1). Clerk of Court is instructed to add Aaron Ford, Atto rney General for the State of Nevada, as counsel for respondents and provide copies of this order and all prior filings to the Attorney General. (NEFs ##1-8 regenerated to AG on 8/1/2022.) No response by the Attorney General is necessary. This actio n is DISMISSED WITHOUT PREJUDICE. The clerk of the court is directed to enter judgment accordingly and to close this action. A certificate of appealability will not issue. Signed by Judge Larry R. Hicks on 8/1/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:22-cv-00237-LRH-CSD Document 9 Filed 08/01/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 ROBERTO DURAND,
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Case No. 3:22-cv-00237-LRH-CSD
Petitioner,

ORDER

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6 WILLIAM RUEBUART, et al.,
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Respondents.
Petitioner Roberto Durand, a pro se Nevada prisoner, submitted a Petition for Writ of

9 Habeas Corpus under 28 U.S.C. § 2254 and an application for leave to proceed in forma pauperis
10 (“IFP”). (ECF Nos. 1-1, 3.) On May 31, 2022, this Court determined that Petitioner’s application
11 for leave to proceed IFP was incomplete and instructed him to submit a complete IFP application
12 or pay the $5 filing fee within 45 days. (ECF No. 4.) On June 2, 2022, Petitioner again filed an
13 incomplete application for leave to proceed IFP. (ECF No. 5.) On June 13, 2022, this Court denied
14 the application and gave Petitioner one more opportunity to file a complete IFP application or pay
15 the filing fee. (ECF No. 7.) This Court warned Petitioner that failure to file a complete IFP
16 application or pay the filing fee within 45 days would “result in the dismissal of this action without
17 prejudice and without further advance notice.” (Id. at 2.) On June 15, 2022, Petitioner again filed
18 an incomplete IFP. (ECF No. 8.) Because Petitioner has failed to comply with the Court’s orders
19 to file a complete IFP application or pay the filing fee, this Court will dismiss this action.
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IT IS THEREFORE ORDERED:

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1. Petitioner’s application for leave to proceed IFP (ECF No. 8) is DENIED.

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2. The Clerk of Court is instructed to file the petition for a writ of habeas corpus (ECF

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No. 1-1).

Case 3:22-cv-00237-LRH-CSD Document 9 Filed 08/01/22 Page 2 of 2

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3. Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Clerk of Court

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is instructed to add Aaron Ford, Attorney General for the State of Nevada, as

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counsel for respondents and provide copies of this order and all prior filings to the

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Attorney General in a manner consistent with the clerk’s current practice, such as

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regeneration of notices of electronic filing. No response by the Attorney General is

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necessary.

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4. It is further ordered that this action is DISMISSED WITHOUT PREJUDICE for

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Petitioner’s failure to comply with the Court’s orders to file a complete IFP

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application or to pay the filing fee. The clerk of the court is directed to enter

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judgment accordingly and to close this action.
5. It is further ordered that a certificate of appealability will not issue.
DATED this 1st day of August 2022.

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LARRY R. HICKS
UNITED STATES DISTRICT COURT

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