Opinion
2:23-cv-00311-GMN-EJY 2:23-cv-00396-RFB-VCF
04-17-2023
GENARO RICHARD PERRY, Petitioner, v. WARDEN GABRIELA NAJERA, Respondent.
ORDER
GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE
Genaro Richard Perry submitted a pro se 28 U.S.C. § 2254 habeas corpus petition. (ECF No. 1-1.) He did not file an application to proceed in forma pauperis or pay the filing fee, though he filed a notice in which he explained that he had submitted an inmate account transaction request asking Nevada Department of Corrections Inmate Services to send the $5.00 filing fee to the court. (ECF No. 3.) About two weeks after Perry filed the notice, he sent an application to proceed in forma pauperis, the filing fee, and a motion for appointment of counsel to the court. However, he did not include the case number, and therefore, the Clerk of Court opened a new action- case no. 2:23-cv-00396-RFB-VCF. Accordingly, the court directs the Clerk to apply the fee to case no. 2:23-cv-311 and to file the application to proceed in forma pauperis and the motion for appointment of counsel that are currently in case no. 2:23-cv-00396 in case no. 2:23-cv-311.
IT IS THEREFORE ORDERED that the Clerk of Court apply the fee paid in case no. 2:23-cv-00396 (see ECF No. 1) to case no. 2:23-cv-00311.
IT IS FURTHER ORDERED that the Clerk of Court FILE petitioner's application to proceed in forma pauperis (ECF No. 2) and motion for appointment of counsel (ECF No. 3) that are currently filed in case no. 2:23-cv-00396 in 2:23-cv-00311.
IT IS FURTHER ORDERED that the Clerk terminate the two motions filed in case no. 2:23-cv-00396 (ECF Nos. 2, 3).
IT IS FURTHER ORDERED that the Clerk administratively close case no. 2:23-cv-00396.
IT IS FURTHER ORDERED that the Clerk send a copy of this order to the U.S. District Court for the District of Nevada Finance Division.