Opinion
2:23-cv-00791-APG-DJA
07-17-2023
JOSE MANUEL DIAZ, Plaintiff v. STATE OF NEVADA, Defendant
ORDER DISMISSING PETITION WITHOUT PREJUDICE [ECF NO. 1-1]
ANDREW P. GORDON UNITED STATES DISTRICT JUDGE.
Pro se Petitioner Jose Manuel Diaz filed a Petition for Writ of Habeas Corpus. ECF No. 1-1 (“Petition”). Diaz did not properly commence this habeas action by either paying the standard $5.00 filing fee or filing an application for leave to proceed in forma pauperis (“IFP”). Further, Diaz filed his Petition on a state-court postconviction form rather than the appropriate 28 U.S.C. § 2254 form. On May 23, 2023, I gave Diaz until July 7, 2023, to (1) either pay the $5 filing fee or submit a complete IFP application with all required documentation and (2) file an amended petition on the appropriate form. ECF No. 3. Diaz was warned that “failure to timely comply . . . will result in the dismissal of this action without prejudice and without further advance notice.” Id. at 2. The July 7, 2023, deadline has expired, and Diaz has not filed an IFP application, paid the $5 filing fee, filed an amended petition, requested an extension of time, or taken any other action to prosecute this case.
I THEREFORE ORDER that this action is dismissed without prejudice based on Petitioner Jose Manuel Diaz's failure to comply with my May 23, 2023, order [ECF No. 3]. A certificate of appealability is denied, as jurists of reason would not find dismissal of the petition for the reasons stated herein to be debatable or wrong.
I FURTHER ORDER that the Clerk of Court (1) file the petition (ECF No. 1-1), (2) add Nevada Attorney General Aaron D. Ford as counsel for Respondents,(3) informally serve the Nevada Attorney General with the petition (ECF No. 1-1), this order, and all other filings in this matter by sending a notice of electronic filing to the Nevada Attorney General's office, (4) enter final judgment, and (5) close this case.
No response is required from Respondents other than to respond to any orders of a reviewing court.