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Reid v. Baker, 3:17-cv-00532-HDM-VPC. (2018)

Court: District Court, D. Nevada Number: infdco20180821e20 Visitors: 6
Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: ORDER HOWARD D. McKIBBEN , District Judge . Petitioner in this stayed habeas matter has filed a motion for leave to proceed in forma pauperis. (ECF No. 23). As petitioner has already been granted leave to proceed in forma pauperis in this action, the motion (ECF No. 23) is DENIED AS MOOT. From the envelopes attached to the motion, it appears that petitioner first attempted to file his motion in Eighth Judicial District Court. However, the Eighth Judicial District Court Clerk forwarde
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ORDER

Petitioner in this stayed habeas matter has filed a motion for leave to proceed in forma pauperis. (ECF No. 23). As petitioner has already been granted leave to proceed in forma pauperis in this action, the motion (ECF No. 23) is DENIED AS MOOT.

From the envelopes attached to the motion, it appears that petitioner first attempted to file his motion in Eighth Judicial District Court. However, the Eighth Judicial District Court Clerk forwarded the motion to this court, presumably because it contained this case number in the caption. It is unclear whether the motion was docketed in the Eighth Judicial District Court or was simply forwarded to this court. Petitioner is advised that he may need to re-file the motion in state court and that he should avoid listing this federal case number, in the caption at least, in any motion filed in state court.

IT IS SO ORDERED.

Source:  Leagle

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