Opinion
2:10-cv-00881-KJD-LRL.
June 9, 2010
ORDER
Petitioner has submitted an application (#1) to proceed in forma pauperis and a habeas petition.
The application to proceed in forma pauperis is not on the proper form and does not include the required attachments. Local Rule LSR 1-1 requires that a petitioner use the Court's required form for a pauper application. Further, under 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2, the petitioner must attach an inmate account statement for the past six months and a properly executed financial certificate.
The application therefore will be denied, and the present action will be dismissed without prejudice to the filing of a new petition in a new action with a pauper application on the proper form with all required attachments. From review of the papers presented, a dismissal of the present action without prejudice will not result in a promptly filed new action being untimely under 28 U.S.C. § 2244(d)(1). The Supreme Court of Nevada affirmed the conviction on direct appeal on May 7, 2010. See #2, at electronic docketing page 3.
All requests for relief will be denied without prejudice to their reassertion in a new action.
IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new petition in a new action with a pauper application on the proper form with all required attachments.
IT FURTHER IS ORDERED that petitioner's motion (#2) for appointment of counsel is DENIED without prejudice to reassertion of the motion in a new action.
IT FURTHER IS ORDERED that the Clerk of Court shall send petitioner two copies of an application form to proceed in forma pauperis for incarcerated persons, two copies of a noncapital Section 2254 habeas form, one copy of the instructions for each form, and a copy of the papers (##1 and 2) that she submitted in this action.
The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice.