Brown v. Breitenbach et al

Filing 3

ORDER - It is therefore ordered that the initial screening of Brown's Petition (ECF No. 1 -1) under the Rules Governing Section 2254 Cases and consideration of his Motion (ECF No. 1 -3) are deferred until such time as he has fully complied with this Order. It is further ordered that on or before October 16, 2024, Brown must file a complete IFP application with the three supporting documents listed above or pay the $5.00 filing fee. It is further ordered that the Clerk of Court send Brown a blank copy of the IFP application form for inmates along with instructions. Signed by Chief Judge Miranda M. Du on 8/30/2024. (For Distribution by law library.) (Attachments: # 1 IFP form/Instruction)(Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DONALD NORMAN BROWN,

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Case No. 3:24-cv-00384-MMD-CLB
Petitioner,

ORDER

v.

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NATHANJAH BREITENBACH, et al.,
Respondents.

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Pro se Petitioner Donald Norman Brown has filed a Petition for Writ of Habeas

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Corpus under 28 U.S.C. § 2254, exhibits, and a motion for appointment of counsel. (ECF

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Nos. 1-1 (“Petition”), 1-2, 1-3 (“Motion”).) Pursuant to 28 U.S.C. § 1914(a) and the Judicial

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Conference Schedule of Fees, a $5.00 filing fee is required to initiate a habeas action in

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a federal district court. The Court may authorize an indigent prisoner to begin a habeas

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action without paying the $5.00 fee if he or she submits an in forma pauperis (“IFP”)

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application on the approved form and includes three specific documents: (a) the

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prisoner’s financial declaration and acknowledgement showing an inability to prepay fees

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and costs, (b) a financial certificate signed by the prisoner and an authorized prison

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official, and (c) a copy of the prisoner’s account statement for the 6-month period prior to

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filing. See 28 U.S.C. § 1915(a); LSR 1-1, LSR 1-2. Brown must either pay the $5.00 filing

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fee or submit an IFP application with the three required documents by October 16, 2024.

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It is therefore ordered that the initial screening of Brown’s Petition (ECF No. 1-1)

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under the Rules Governing Section 2254 Cases and consideration of his Motion (ECF

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No. 1-3) are deferred until such time as he has fully complied with this Order. It is further

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ordered that on or before October 16, 2024, Brown must file a complete IFP application

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with the three supporting documents listed above or pay the $5.00 filing fee. Brown’s

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failure to timely comply with this Order will result in the dismissal of the Petition without

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prejudice and without further advance notice.

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It is further ordered that the Clerk of Court send Brown a blank copy of the IFP

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application form for inmates along with instructions.

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DATED THIS 30th Day of August 2024.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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