Johnson v. State of Nevada et al

Filing 3

ORDER DISMISSING CASE : ECF No. #1 is denied and that this action is dismissed without prejudice to the filing of a new petitionin a new action with a properly completed pauper application. At certificate of appealability is denied. Clerk is directed to send petitioner forms and papers detailed herein. Clerk is further directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 5/8/2024. (For Distribution by law library.) (Attachments: #1 IFP Form, inst., copy 1, #2 IFP Form, inst., copy 2, #3 2254 form, inst., copy 1, #4 2254 form, inst., copy 2, #5 Copy of papers submitted)(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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ROBERT JOHNSON,

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Petitioner,
v.

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Case No. 3:24-cv-00200-MMD-CSD
ORDER

STATE OF NEVADA, et al.,

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Respondents.

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Petitioner has filed an application to proceed in forma pauperis and a habeas
petition. (ECF No. 1.)

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The matter has not been properly commenced because the pauper application

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does not include all required attachments. Under 28 U.S.C. § 1915(a)(2) and Local Rule

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LSR 1-2, a petitioner must attach both an inmate account statement for the past six

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months and a properly executed financial certificate. Petitioner has not complied with

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either requirement. The application is therefore incomplete.

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In addition, the two grounds for relief alleged in the petition are not supported by

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any factual details. Thus, even if the case had been properly commenced, it would be

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subject to dismissal. See Adams v. Armontrout, 897 F.2d 332, 334 (8th Cir. 1990) (factual

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details sufficient to support claims must be present on the face of the petition).

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It is therefore ordered that the application to proceed in forma pauperis (ECF No.

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1) is denied and that this action is dismissed without prejudice to the filing of a new petition

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in a new action with a properly completed pauper application.

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///

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It is further ordered that a certificate of appealability is denied as jurists of reason

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would not find the Court’s dismissal of this improperly commenced action without

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prejudice to be debatable or incorrect.

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It is further ordered that the Clerk of Court is directed to send petitioner two copies

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each of an application form to proceed in forma pauperis for incarcerated persons and a

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noncapital Section 2254 habeas petition form, one copy of the instructions for each form,

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and a copy of the papers that he submitted in this action.
The Clerk of Court is further directed to enter judgment accordingly and close this

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case.
DATED THIS 8th Day of May 2024.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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