2 DISTRICT OF NEVADA

3

4

5 TARA LYNNE HORST, Case No. 2:22-cv-01679-CDS-NJK

6 Petitioner ORDER

v. 7

8 WARDEN DREESEN, et al.,

9 Respondents

10 11 Tara Lynne Horst has submitted a pro se

petition for writ of habeas 12 corpus. ECF No. 1-1. She has also filed an application to proceed in forma pauperis. ECF No. 1. 13 However, Horst has failed to include a financial certificate completed by an authorized officer 14 and inmate account statements for the last sixth months. Accordingly, this matter has not been 15 properly commenced and is subject to dismissal on that basis.

(a)(2) and Local 16 Rule LSR 1-2. It does not appear from the papers presented that a dismissal without prejudice 17 will materially affect a later analysis of any timeliness issue with respect to a promptly filed new 18 action. 19 The court also notes that the petition appears unexhausted. A federal court will not 20 grant a state prisoner’s petition for habeas relief until the prisoner has exhausted her available 21 state remedies for all claims raised. Rose v. Lundy,

(1982);

(b). A 22 petitioner must give the state courts a fair opportunity to act on each of her claims before she 23 presents those claims in a federal habeas petition. O’Sullivan v. Boerckel,

(1999); 24 see also Duncan v. Henry,

(1995). A claim remains unexhausted until the petitioner 25 has given the highest available state court the opportunity to consider the claim through direct 26 appeal or state collateral review proceedings. See Casey v. Moore,

(9th Cir. 2004); 27 Garrison v. McCarthey,

(9th Cir. 1981). Horst appears to seek to challenge her 28 July 2022 parole revocation. The court takes judicial notice of the fact that she cannot have 2 short time. In any event, the petition is dismissed without prejudice as improperly commenced. 3 IT IS THEREFORE that petitioner’s incomplete application to proceed in forma pauperis 4 (ECF No. 1) is DENIED. 5 IT IS FURTHER ORDERED that the Clerk of Court file the petition (ECF No. 1-1). 6 IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to the 7 filing of a petition in a new action with either the $5.00 filing fee or a properly completed 8 application to proceed in forma pauperis, including a properly executed financial certificate and 9 the requisite inmate account statements. 10 IT IS FURTHER ORDERED a certificate of appealability is denied as jurists of reason 11 would not find the court's dismissal of this improperly commenced action without prejudice to 12 be debatable or incorrect 13 IT IS FURTHER ORDERED that the Clerk SEND to petitioner two copies each of an 14 application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 15 2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers 16 that she submitted in this action. 17 IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close this 18 case. 19 DATED: November 10, 2022

20

21

22 UNITED STATES DISTRICT JUDGE

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