Hernandez v. Gentry et al
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|Date Filed||#||Document Text|
|December 5, 2017
ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED as moot. The clerk shall file the petition for a writ of habeas corpus. FURTHER ORDERED that this action is DISMISSED without prejudice in favor of theearlier-filed action, Hernandez v. Gentry, 2:17-cv-02565-JAD-CWH. The clerk of the court shall enter judgment accordingly. FURTHER ORDERED that a certificate of appealability shall not issue. FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney Gen eral for the State of Nevada, as counsel for respondents and shall electronically serve respondents with a copy of the petition and a copy of this order. No response by respondents is necessary. Signed by Judge Richard F. Boulware, II on 12/5/2017. (Copies have been distributed pursuant to the NEF - MMM)
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