Opinion
2:23-cv-00226-RFB-BNW
04-07-2023
BETTY ANN EDGING, Petitioner, v. STATE OF NEVADA, Respondent.
ORDER DIRECTING PETITIONER TO PAY FILING FEE OR SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Betty Ann Edging has submitted a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1-1.) She has not, however, either paid the $5.00 filing fee or submitted a completed application to proceed in forma pauperis with the required inmate account statements for the past sixth months and financial certificate. 28 U.S.C. § 1915(a)(2); Local Rule LSR1-2.
This action therefore is subject to dismissal without prejudice as improperly commenced. However, it is unclear from the papers presented whether a dismissal without prejudice will materially affect a later analysis of any timeliness issue with respect to a new action.
IT IS THEREFORE ORDERED that within 60 days of the date of this order petitioner must submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis.
IT IS FURTHER ORDERED that failure to do so may result in the dismissal of this action without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court retain the petition but not file it at this time.