Allen v. United States District Court District of Nevada et al
| Derrick B. Allen |
| United States District Court District of Nevada and County Clark |
| 2:2022cv01465 |
| September 8, 2022 |
| U.S. District Court for the District of Nevada |
| Gloria M Navarro |
| Cristina D Silva |
| Elayna J Youchah |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 Judgment is entered in favor of Respondents United States District Court District of Nevada and County Clark, and against Petitioner Derrick B. Allen, without Prejudice. A certificate of appealability is DENIED. Signed by Clerk of Court Debra K. Kempi on 10/25/2022. (Copies have been distributed pursuant to the NEF - KF) |
Filing 13
ORDER. IT IS ORDERED that Petitioner Derrick B. Allen's petition for writ of habeas corpus [ECF No. #9 ] is DISMISSED without prejudice. IT IS FURTHER ORDERED that Petitioner's motion for leave to file second petition and motion for appointment of counsel [ECF Nos. #5 , #7 ] are DENIED as moot. IT IS FURTHER ORDERED that Petitioner's motion for leave to proceed in forma pauperis [ECF No. #10 ] is DENIED as incomplete. IT IS FURTHER ORDERED that a certificate of appealability is denied, as jurists of reason would not find dismissal to be debatable or wrong. IT IS FURTHER ORDERED that the Clerk of the Court is directed to informally electronically service Respondents by adding Nevada Attorney General Aaron D. Ford as counsel for respondents and sending a notice of electronic filing to his office of the petition [ECF No. #9 ], this order, and all other filings in this matter. No response is required from Respondents other than to respond to any orders of a reviewing court.IT IS FURTHER ORDERED that the Clerk of the Court send a courtesy copy of this order to Petitioner Derrick B. Allen, inmate number 89571, at the Southern Desert Correctional Center, P.O. Box 208, Indian Springs, Nevada, 89070-0208.IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter final judgment dismissing this action without prejudice and close this case. (All NEFs Regenerated to AG Only - Courtesy copy of this Order sent to P at the address listed on this Order - Copies have been distributed pursuant to the NEF - KF)
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| Filing 12 CLERK'S NOTICE that this case is randomly reassigned to Judge Gloria M. Navarro for all further proceedings. All further documents must bear the correct case number 2:22-cv-01465-GMN-EJY. (no image attached) (KF) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/25/2022. With good cause appearing, the Honorable Judge Cristina D. Silva recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 10 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Derrick B. Allen. (Attachments: #1 Complaint, #2 Complaint)(LOE) |
| Filing 9 PETITION for Writ of Habeas Corpus by Derrick B. Allen. (KF) |
| Filing 8 RECEIPT of Payment: $ 5.00, receipt number 200000452. (KF) |
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Filing 3
ORDER Denying without Prejudice #1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that Plaintiff is granted one extension of time to and including 10/14/2022 to file a complete IFP application containing all three of the required documents identified in this Order. Alternatively, Plaintiff may choose not to file an IFP application and instead pay the filing fee of $402 on or before 10/14/2022, which will allow him to proceed with this case. IT IS FURTHER ORDERED that Plaintiff has through and including 10/14/ 2022 to file a complaint. IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff the approved form application to proceed in forma pauperis by an inmate along with the information and instructions for filing the same. IT IS FURTHER ORDERED that that the Clerk of Court must send Plaintiff the approved form for filing a 42 U.S.C. 1983 complaint and instructions for the same. IT IS FURTHER ORDERED that, if Plaintiff does not file a complaint and a complete application to proceed in forma pauperis with all three required documents on or before October 14, 2022, the Court will recommend dismissal of this action without prejudice.See Order for further details. Signed by Magistrate Judge Elayna J. Youchah on 9/14/2022. (Attachments: #1 IFP Application and Instructions, #2 1983 Complaint form and instructions)(Copies have been distributed pursuant to the NEF - KF)
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| Filing 7 MOTION for Appointment of Counsel, by Plaintiff Derrick B. Allen. (KF) |
| Filing 5 MOTION for Leave to File Second Petition, by Plaintiff Derrick B. Allen. Responses due by 9/26/2022. (KF) |
| Filing 4 RECEIPT of Initiating Documents by Court on behalf of Plaintiff. No Application to Proceed IFP or Filing Fee received. (Attachments: #1 Notice, #2 Opening Brief) (KF) |
| Filing 2 ADVISORY LETTER to litigant. (TRW) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Derrick B. Allen. (TRW) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (KF) |
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