BEAVER v. CLARK COUNTY SHERIFF

Case No. 2:16-cv-01025-RFB-CWH.

AARON SHELDON BEAVER, Petitioner, v. CLARK COUNTY SHERIFF, et al., Respondents.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 2241
Cause: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Aaron Sheldon Beaver, Petitioner, Pro Se.


ORDER

RICHARD F. BOULWARE, II, District Judge.

Petitioner Aaron Sheldon Beaver has submitted a pro se habeas corpus petition and two applications to proceed in forma pauperis (ECF Nos. 1 and 2). The first application is incomplete, and the financial information provided with the second application indicates that he is able to pay the $5.00 filing fee.

In any event, the claims that petitioner set forth are not cognizable in habeas corpus but rather are allegations of violations of his civil rights pursuant to 42 U.S.C. § 1983 (see ECF No. 1-1). Further, the court may take judicial notice of its docket, and Beaver has § 1983 complaint pending in this court that sets forth the same claims that he seeks to set forth here (See ECF No. 1-1; 2:16-cv-01026-JAD-VCF). Accordingly, this petition is dismissed as noncognizable in federal habeas corpus.

IT IS THEREFORE ORDERED that this action is DISMISSED as set forth in this order.

IT IS FURTHER ORDERED that petitioner's first and second applications to proceed in forma pauperis (ECF Nos. 1 and 2) are both DENIED as moot.

IT IS FURTHER ORDERED that, to the extent necessary in this procedural context, a certificate of appealability is DENIED.

IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case.


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