Opinion
2:23-cv-01661-APG-VCF
10-18-2023
Thomas Rios, Petitioner, v. Brian Williams, et al., Respondents.
ORDER DISMISSING IMPROPERLY COMMENCED HABEAS PROCEEDING
Andrew P. Gordon U.S. District Judge
Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1-1. Petitioner has not filed an application to proceed in forma pauperis or paid the filing fee. See 28 U.S.C. § 1915(a)(2) and Local Rules LSR 1-1, 1-2. Because this matter has not been properly commenced, it is dismissed. The dismissal is without prejudice to bringing a new action under 28 U.S.C. § 2254 with either the $5.00 filing fee or a completed application to proceed in forma pauperis on the proper form with both an inmate account statement for the past six months and a properly executed financial certificate.
I THEREFORE ORDER that this action is dismissed without prejudice.
I FURTHER ORDER that a certificate of appealability is denied as jurists of reason would not find my dismissal of this improperly commenced action without prejudice to be debatable or incorrect.
I FURTHER ORDER that the Clerk shall send petitioner two copies each of an application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he submitted in this action.
I FURTHER ORDER that the Clerk shall enter judgment accordingly and close this case.