Opinion
2:22-cv-01355-JAD-NJK
10-31-2022
Benjamin Rodriguez, Petitioner v. Clark County Detention Center, et al., Respondents
ORDER DISMISSING PETITION AND CLOSING CASE
[ECF NO. 1-1]
JENNIFER A. DORSEY, U.S. DISTRICT JUDGE.
Pro se Petitioner Benjamin Rodriguez filed his habeas petition without paying the $5.00 habeas filing fee or submitting an application to proceed in forma pauperis (“IFP”). I therefore ordered Rodriguez to either pay the $5 filing fee or submit a complete IFP application with all required attachments by September 30, 2022. In response, he filed an incomplete IFP application, so I gave Rodriguez one more chance to comply. He was warned that a failure to comply by submitting a complete IFP application or paying the filing fee by October 21, 2022, would result in the dismissal of this action without prejudice and without further advance notice. The October 21, 2022, deadline has expired, and the petitioner has not filed a completed IFP application, paid the $5 filing fee, requested an extension of time, or taken any other action to prosecute this case.
ECF No. 1-1.
ECF No. 4.
ECF No. 5.
ECF No. 6.
Id.
IT IS THEREFORE ORDERED that Petitioner Benjamin Rodriguez's Petition for Writ of Habeas Corpus [ECF No. 1-1] is DISMISSED WITHOUT PREJUDICE based on his failure to comply with the court's orders [ECF Nos. 4, 6] or the local rules of practice. And because jurists of reason would not find dismissal of the petition to be debatable or wrong, a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Clerk of the Court is instructed to:
• FILE the petition for a writ of habeas corpus [ECF No. 1-1]. • DIRECT INFORMAL ELECTRONIC SERVICE upon respondents under Rule 4 of the Rules Governing Section 2254 Cases by adding Nevada Attorney General Aaron D. Ford as counsel for respondents and sending a notice of electronic filing to his office for the petition [ECF Nos. 1-1], this order, and all other filings in this matter. No response is required from respondents other than to respond to any orders of a reviewing court. • ENTER FINAL JUDGMENT dismissing this action without prejudice and CLOSE THIS CASE.