Opinion
3:21-cv-00493-MMD-WGC
01-05-2022
DAVID BURNS, Petitioner, v. RUSSELL, et al., Respondents.
ORDER
MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.
Petitioner David Burns has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. However, because Burns did not pay the $5.00 filing fee, nor did he submit an application to proceed in forma pauperis with a financial certificate and a copy of his inmate account statement, as required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, the Court will dismiss this action. Burns will need to commence a new action with either payment of the $5.00 filing fee or filing a complete application to proceed in forma pauperis. A preliminary review of the petition indicates that a promptly commenced new action would not suffer any difficulties under the one-year time limit of 28 U.S.C. § 2244(d)(1).
Reasonable jurists would not find this conclusion to be debatable or wrong, and the Court will not issue a certificate of appealability.
It is therefore ordered that the petition for a writ of habeas corpus is dismissed without prejudice.
The Clerk of Court is directed to send Burns a blank form for an application to proceed in forma pauperis for incarcerated litigants with instructions and a blank habeas corpus petition form under 28 U.S.C. § 2254 with instructions. If Burns wishes to file a new petition for writ of habeas corpus, he must also either pay the filing fee in full or file a 1 complete application to proceed in forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account.
The Clerk of Court is further directed to enter judgment accordingly and close this case.
It is further ordered that a certificate of appealability is denied. 2