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Case 3:13-cv-00269-RCJ-VPC Document 3 Filed 07/10/13 Page 1 of 2

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

BRENDAN DUNCKLEY,
Petitioner,

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vs.
STATE OF NEVADA, et al.,
Respondents.

3:13-cv-00269-RCJ-VPC
ORDER

This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
by a Nevada state prisoner. Petitioner has submitted a habeas petition and seeks leave to proceed in
forma pauperis. (ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees,
a prisoner seeking to proceed in forma pauperis “shall submit a certified copy of the trust fund
account statement (or institutional equivalent) for the prisoner for the 6-month period immediately
preceding the filing of the complaint . . . obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(1), (2). Petitioner in the instant action
has failed to submit an in forma pauperis application that provides the necessary financial
information and includes a financial certificate signed by an authorized prison or jail officer. It does
not appear from the papers presented that a dismissal without prejudice would result in a promptly-
filed new petition being untimely. In this regard, petitioner at all times remains responsible for
calculating the running of the federal limitation period as applied to his case, properly commencing a
timely-filed federal habeas action, and properly exhausting his claims in the state courts.

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Case 3:13-cv-00269-RCJ-VPC Document 3 Filed 07/10/13 Page 2 of 2

IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT

PREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis
application in compliance with 28 U.S.C. § 1915(a).

IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of

an in forma pauperis application form for a prisoner, one copy of the instructions for same, two
copies of a blank 28 U.S.C. § 2254 habeas corpus form, one copy of instructions for the same, and a
copy of the petition submitted in this action.

IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis

application in a new action, but he may not file further documents in this action.

IT IS FURTHER ORDERED that all pending motions in this action are DENIED.
IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly.

Dated this ______ day of June, 2013.


UNITED STATES DISTRICT JUDGE

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Dated this 9th day of July, 2013.