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Deleon v. Neven

United States District Court, D. Nevada
Sep 30, 2010
2: 10-cv-01348-JCM-LRL (D. Nev. Sep. 30, 2010)

Opinion

2: 10-cv-01348-JCM-LRL.

September 30, 2010


ORDER


This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner is proceeding pro se. Petitioner has failed to submit either a motion for leave to proceed in forma pauperis on the proper form or payment of the $5.00 filing fee. Petitioner shall be sent a motion for leave to proceed in forma pauperis form, should he wish to apply for pauper status, and alternatively given an opportunity to pay the requisite filing fee.

Petitioner has also failed to submit his petition on the form required by the Local Rules of this court. Accordingly, petitioner will be sent the correct form and given an opportunity to resubmit his petition.

IT IS THEREFORE ORDERED that the clerk shall send to petitioner a motion for leave to proceed in forma pauperis form and instructions therefor. Petitioner shall have thirty (30) days from the date of entry of this order within which to file a motion for leave to proceed in forma pauperis. Alternatively, petitioner shall have thirty (30) days from the date of entry of this order within which to have prison officials deduct from his prison account and send to the clerk of court the full $5.00 filing fee. Failure to do so will result in the dismissal of this action.

IT IS FURTHER ORDERED that the clerk shall send to petitioner the proper form for submitting a habeas corpus petition to this court and the instructions therefor. Petitioner shall have thirty (30) days from the date of entry of this order within which to file his petition on the correct form. The petition shall be labeled, "First Amended Petition." Petitioner's failure to timely file his first amended petition will result in the dismissal of this action.

DATED this 30th day of September, 2010.


Summaries of

Deleon v. Neven

United States District Court, D. Nevada
Sep 30, 2010
2: 10-cv-01348-JCM-LRL (D. Nev. Sep. 30, 2010)
Case details for

Deleon v. Neven

Case Details

Full title:STEVEN DELEON, Petitioner, v. D.W. NEVEN, et al., Respondents

Court:United States District Court, D. Nevada

Date published: Sep 30, 2010

Citations

2: 10-cv-01348-JCM-LRL (D. Nev. Sep. 30, 2010)