Opinion
3:22-cv-00541-ART-CLB
01-12-2023
EDDIE JAMES THOMAS, Petitioner, v. STATE OF NEVADA, et al. Respondents.
ORDER DIRECTING PETITIONER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE
ANNER.TRAUM, DISTRICT JUDGE
Eddie James Thomas has submitted a pro se petition for writ of habeas corpus. (ECF No. 1-1.) He has not, however, either paid the $5.00 filing fee or submitted a completed application to proceed in forma pauperis with the required inmate account statements for the past sixth months and financial certificate. 28 U.S.C. § 1915(a)(2); Local Rule LSR1-2.
This action therefore is subject to dismissal without prejudice as improperly commenced. However, it is unclear from the papers presented whether a dismissal without prejudice will materially affect a later analysis of any timeliness issue with respect to a new action.
IT IS THEREFORE ORDERED that within 45 days of the date of this order petitioner must submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis.
IT IS FURTHER ORDERED that failure to do so may result in the dismissal of this action without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court send to petitioner two copies of the application to proceed in forma pauperis, with instructions.
IT IS FURTHER ORDERED that the Clerk retain the petition but not file it at this time.