United States District Court, D. Nevada
D. MCKIBBEN United States District Judge.
habeas matter under 28 U.S.C. § 2254 comes before the
Court on petitioner's application (ECF No. 1) to proceed
in forma pauperis, his motion (ECF No. 3) for a
status check, and for initial review under Rule 4 of the
Rules Governing Section 2254 Cases.
has not properly commenced the action by submitting a pauper
application on the required form with all required
did not use the correct pauper application form. Under Local
Rule LSR 1-1, a litigant seeking to proceed in forma
pauperis must apply on the Court's required pauper
form. Petitioner instead used a purported form for appealing
a federal district court order to a federal court of appeals.
This action is not such an appeal.
petitioner did not submit the financial attachments that are
required to be submitted with the form. Under 28 U.S.C.
§ 1915(a)(2) and Local Rule LSR1-2, a petitioner must
attach both a properly executed financial certificate and an
inmate account statement for the past six months. Petitioner
attached neither, and the financial materials that he did
submit are not the correct materials.
not appear that a dismissal of the current
improperly-commenced action without prejudice would
materially impact the analysis of either a substantial
successive petition issue and/or the application of the
limitation period in a promptly filed new action or otherwise
cause substantial prejudice.
improperly-commenced action therefore will be dismissed
motion for status check will be denied for failure to follow
Local Rule LR IA 7-1, which permits a party to inquire by
letter, not motion, ninety days after a matter has been, or
should have been submitted.
THEREFORE IS ORDERED that the application (ECF No. 1) to
proceed in forma pauperis is DENIED and that this
action shall be DISMISSED without prejudice.
FURTHER IS ORDERED that petitioner's motion (ECF No. 3)
for a status check is DENIED for failure to follow Local Rule
LR IA 7-1.
FURTHER IS ORDERED that a certificate of appealability is
dened. Jurists of reason would not find debatable whether the
Court was correct in its dismissal of the action without
prejudice on procedural grounds, for the reasons discussed
FURTHER IS ORDERED, pursuant to Rule 4 of the Rules Governing
Section 2254 Cases, that the Clerk shall make informal
electronic service upon respondents by adding Nevada Attorney
General Adam P. Laxalt as counsel for respondents and
directing a notice of electronic filing of this order to his
office. No response is required from respondents other than
to respond to any orders of a reviewing court.
Clerk of Court shall send petitioner a copy of his papers in
this action, along with copies of the forms and instructions
for an inmate pauper application and habeas petition.
Clerk of Court shall enter final judgment accordingly,