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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4

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6 RAFAEL BERNARDO ALVAREZ, Case No. 2:22-cv-00261-ART-EJY

7 Plaintiff, ORDER v. 8 CLARK COUNTY, et al, 9 Defendant. 10 11 12 Before the Court are a Motion to Add Clark County to the List of Defendants 13 of the 1st Amended Complaint (ECF No. 10), a Motion for Preliminary Injunction 14 (ECF No. 14), and a Motion for Leave to Withdraw this Action (ECF No. 15.) The 15 Court now dismisses Mr. Alvarez’s case without prejudices and issues a $402.00 16 refund. 17 The motion to withdraw the action acknowledges that the claims that Mr. 18 Alvarez brought were, in substance, a petition for habeas corpus. Mr. Alvarez 19 requests the return of his $402.00 filing fee applicable to civil rights actions 20 because he needs that money to survive. The Court previously ordered dismissal 21 without prejudice of Claims 2 through 4 and allowed Mr. Alvarez to refile for relief 22 through a habeas petition. The Court dismissed Mr. Alvarez’s Fourth Amendment 23 claim with leave to amend. (ECF No. 11.) That claim was insufficiently coherent 24 for the Court to assess the merits. (ECF No. 4.). 25 The Court ultimately agrees with Mr. Alvarez that the entirety of the action 26 was in substance a petition for writ of habeas corpus and thus barred by Heck v. 27 Humphrey,

(1994). The Court thus finds that it is appropriate 28 to return the $402.00 of the filing fee for a civil action that Mr. Alvarez paid (ECF 1 || No. 8.). Had Mr. Alvarez been aware that his action was in substance a petition 2 || for a writ of habeas corpus he would have only been assessed a $5.00 filing fee. 3 IT IS THEREFORE ORDERED that Plaintiff's motions to dismiss (ECF No. 4 || 15) is GRANTED. This action is dismissed without prejudice. 5 IT IS FURTHER ORDERED that Plaintiffs Motion to Add Clark County to 6 || the List of Defendants of the 1st Amended Complaint (ECF No. 10) and Motion for 7 || Preliminary Injunction (ECF No. 14) are denied as moot. 8 IT IS FURTHER ORDERED that the Clerk of the Court issue a refund to 9 || Plaintiff (Rafael Bernardo Alvarez, NDOC inmate #1207192) in the amount of 10 || $402.00. 11 IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of 12 || this order to the Finance Division of the Clerk’s Office. The Clerk of the Court 13 || shall also send a copy of this order to the attention of the Chief of Inmate Services 14 || for the Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 15 |} 89702. 16 IT IS FURTHER ORDERED that the clerk of the Court shall enter judgment 17 || accordingly. 18 19 || DATED THIS 8 Day of July 2022. 20 j Vd 21 Yves /

99 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28