Opinion
3:13-CV-00032-HDM-VPC
03-12-2013
LANCE REBERGER, Petitioner, v. NEVADA, STATE OF, et al., Respondents.
ORDER
On January 22, 2013, petitioner submitted a motion for extension of copywork limit, in which he states that he needs funds for copies in order to file a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF #1-1). Such document is insufficient to initiate a habeas corpus action in this court. As stated in Rule 1 of the Federal Rules of Civil Procedure, a civil action is commenced by filing a complaint, or in this case, a petition for writ of habeas corpus. Petitioner's motion must be denied. The court notes that in order to initiate a habeas petition before this court, petitioner need only submit such petition on the court-approved form, along with either the full $5.00 filing fee or an application to proceed in forma pauperis. It is not necessary for petitioner to file exhibits at the time he files his petition.
Accordingly, this action must be dismissed, and petitioner's motion for expedited decision (ECF #3) is also denied.
IT IS THEREFORE ORDERED that the Clerk shall DETACH and FILE petitioner's motion for extension of the copywork limit (ECF #1-1)
IT IS FURTHER ORDERED that petitioner's motion for extension of the copywork limit is DENIED.
IT IS FURTHER ORDERED that petitioner's motion for expedited decision (ECF #3) is DENIED.
IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a blank petition for writ of habeas corpus form with instructions, the approved form for Application to Proceed In Forma Pauperis, and the document "Information and Instructions for Filing a Motion to Proceed In Forma Pauperis."
IT IS FURTHER ORDERED that this action is DISMISSED for failure to file a petition for writ of habeas corpus.
IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case.
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UNITED STATES DISTRICT JUDGE