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Percy Lavae Bacon v. Brian Williams

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA


May 2, 2013

PERCY LAVAE BACON,
PETITIONER,
v.
BRIAN WILLIAMS, ET AL., RESPONDENTS.

ORDER

This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a Nevada state prisoner.

Petitioner has submitted a habeas petition and seeks leave to proceed in forma pauperis. (ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees, a prisoner seeking to proceed in forma pauperis "shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . . obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(1), (2). Petitioner in the instant action has failed to submit an in forma pauperis application that provides the necessary financial information and includes a financial certificate signed by an authorized prison or jail officer. It does not appear from the papers presented that a dismissal without prejudice would result in a promptly-filed new petition being untimely. In this regard, petitioner at all times remains responsible for calculating the running of the federal limitation period as applied to his case, properly commencing a timely-filed federal habeas action, and properly exhausting his claims in the state courts.

IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT PREJUDICE to the filing of anew petition in a new action, with a proper in forma pauperis application in compliance with 28 U.S.C. § 1915(a).

IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for same, two copies of a blank 28 U.S.C. § 2254 habeas corpus form, one copy of instructions for the same, and a copy of the petition (ECF No. 1-1) in this action.

IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis application in a new action, but he may not file further documents in this action.

IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly. IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability.

UNITED STATES DISTRICT JUDGE

20130502

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