Opinion
3:12-cv-00668-RCJ-WGC
01-15-2013
JAMES COREY McGEE, Petitioner, v. SECOND JUDICIAL DISTRICT COURT, WASHOE COUNTY, et al., Respondents.
ORDER
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C § 2254, by a Nevada state prisoner. Neither a filing fee nor an application to proceed in forma pauperis was submitted with the petition. Petitioner must either submit the $5.00 filing fee or an application to proceed in forma pauperis when filing a habeas corpus petition. It does not appear from file review that a dismissal without prejudice will materially affect a later analysis of the timeliness issue or other issues in regard to any promptly filed new action. The present improperly-commenced action therefore will be dismissed without prejudice.
IT THEREFORE IS ORDERED that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new petition in a new action.
IT FURTHER IS ORDERED that the Clerk of the Court shall send petitioner two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for the same, two copies of a blank 28 U.S.C. § 2254 habeas petition form, and one copy of instructions for the same.
IT IS FURTHER ORDERED that petitioner may file a new petition in a new action, but he may not file further documents in this action.
IT FURTHER IS ORDERED that a certificate of appealability is DENIED, as jurists of reason would not find, the dismissal of this improperly-commenced action without prejudice to be debatable or wrong, given the absence of any collateral prejudice from the dismissal.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.
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UNITED STATES DISTRICT JUDGE