CROSS v. WILLIAMS

No. 2:17-cv-00290-JCM-VCF.

JERRY CROSS, Petitioner, v. BRIAN WILLIAMS, SR., et al., Respondents.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Jerry Cross, Petitioner, Pro Se.


ORDER

JAMES C. MAHAN, District Judge.

This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, by Jerry Cross, a Nevada prisoner. On January 30, 2017, Cross filed an application to proceed in forma pauperis (ECF No. 1), along with his habeas corpus petition (attached to application to proceed in forma pauperis).

Cross' application to proceed in forma pauperis is incomplete, in that it does not include the required financial certificate, signed by an authorized prison officer. Therefore, the in forma pauperis application will be denied, and Cross will be granted time to either pay the $5 filing fee for this action, or file a new and complete application to proceed in forma pauperis, including the required financial certificate. If petitioner wishes to pay the filing fee, he must have $5 sent to the Clerk of the Court, with a cover letter setting forth the case number of this action. If Cross fails to pay the filing fee or file a new in forma pauperis application within the time allowed, this action will be dismissed.

IT IS THEREFORE ORDERED that petitioner's Application to Proceed In Forma Pauperis (ECF No. 1) is DENIED.

IT IS FURTHER ORDERED that petitioner shall have 45 days from the date of this order to either pay the $5 filing fee for this action, or file a new and complete application to proceed in forma pauperis, including the required financial certificate.

IT IS FURTHER ORDERED that the clerk of the court shall send to petitioner, along with a copy of this order, two form in forma pauperis applications.


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