Johnson v. State of Nevada

Opinion

5 * * *

6 ROBERT JOHNSON, Case No. 3:24-cv-00200-MMD-CSD

7 Petitioner, v. ORDER 8

9 STATE OF NEVADA, et al.,

10 Respondents.

11 12 Petitioner has filed an application to proceed in forma pauperis and a habeas 13 petition. (ECF No. 1.) 14 The matter has not been properly commenced because the pauper application 15 does not include all required attachments. Under 28 U.S.C. § 1915(a)(2) and Local Rule 16 LSR 1-2, a petitioner must attach both an inmate account statement for the past six 17 months and a properly executed financial certificate. Petitioner has not complied with 18 either requirement. The application is therefore incomplete. 19 In addition, the two grounds for relief alleged in the petition are not supported by 20 any factual details. Thus, even if the case had been properly commenced, it would be 21 subject to dismissal. See Adams v. Armontrout, 897 F.2d 332, 334 (8th Cir. 1990) (factual 22 details sufficient to support claims must be present on the face of the petition). 23 It is therefore ordered that the application to proceed in forma pauperis (ECF No. 24 1) is denied and that this action is dismissed without prejudice to the filing of a new petition 25 in a new action with a properly completed pauper application. 26 /// 27 1 It is further ordered that a certificate of appealability is denied as jurists of reason 2 || would not find the Court’s dismissal of this improperly commenced action without 3 || prejudice to be debatable or incorrect. 4 It is further ordered that the Clerk of Court is directed to send petitioner two copies 5 || each of an application form to proceed in forma pauperis for incarcerated persons and a 6 || noncapital Section 2254 habeas petition form, one copy of the instructions for each form, 7 || and a copy of the papers that he submitted in this action. 8 The Clerk of Court is further directed to enter judgment accordingly and close this 9 || case. 10 DATED THIS 8"" Day of May 2024.

12 MIRANDA M. DU 13 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28