Lauderdale v. Keller, No. 3:2012cv00470 - Document 3 (D. Nev. 2012)
Court Description: ORDER - This action is DISMISSED without prejudice to the filing of a new petition in a new action under a new docket number accompanied by either the required filing fee or a properly completed application to proceed IFP. Clerk shall SEND P 2 copie s of a pauper application for an inmate, one copy of the instructions for same, and a copy of the papers that he filed. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 11/29/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 11/30/2012 to reflect 2 forms, instructions, and copy of submitted papers mailed to P on 11/30/2012 (DRM).
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Lauderdale v. Keller Doc. 3 1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 RODNEY LAUDERDALE, 8 Petitioner, 3:12-cv-00470-LRH-VPC 9 vs. 10 ORDER 11 J.A. KELLER, et al., 12 Respondents. 13 14 15 Petitioner has filed a habeas petition under 28 U.S.C. § 2241 without either paying the filing fee or filing an application to proceed in forma pauperis. 16 It does not appear that a dismissal without prejudice of this improperly-commenced action will 17 materially affect the analysis of the timeliness issue or other issues in a promptly filed and properly 18 commenced new action. If petitioner is correct that he may proceed under § 2241 rather than 28 U.S.C. 19 § 2255, then the one-year limitation period under the latter apparently would not apply. If he instead 20 is subject to the requirements of § 2255, then the one-year limitation period following the April 19, 21 2007, judgment of conviction long since has expired, absent tolling or delayed accrual. 22 therefore will dismiss the improperly-commenced action without prejudice. 23 without prejudice, the Court makes no determination with regard to whether § 2241 is the correct 24 procedural vehicle in this context or with regard to the proper district in which the action must be 25 brought. Petitioner first must properly commence an action by satisfying the filing fee requirement. The Court In dismissing the action 26 IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice to the filing 27 of a new petition in a new action under a new docket number accompanied by either the required filing 28 fee or a properly completed application to proceed in forma pauperis. Dockets.Justia.com 1 2 The Clerk shall SEND petitioner two copies of a pauper application for an inmate, one copy of the instructions for same, and a copy of the papers that he filed. 3 The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. 4 DATED this 29th day of November, 2012. 5 6 7 ___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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