1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Daniel Pulizzano, Case No.: 2:24-cv-02210-JAD-BNW

4 Petitioner Order Dismissing Improperly 5 v. Commenced Habeas Proceeding

6 Brian Williams, et al.,

7 Respondents

8

9 Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus under 28

Petitioner has not filed an application to proceed in forma pauperis or paid the 11 filing fee.2 Because this matter has not been properly commenced, it is dismissed without 12 prejudice to the petitioner’s ability to bring a new action under

with either the 13 $5.00 filing fee or a completed application to proceed in forma pauperis on the proper form with 14 both an inmate account statement for the past six months and a properly executed financial 15 certificate. 16 In addition, it appears as if petitioner has yet to fairly present his claims for relief in the 17 state court. Petitioner is advised that a federal court is not permitted to grant habeas relief 18 “unless it appears that . . . the applicant has exhausted the remedies available in the courts of the 19 20 21 22

1 ECF No. 1. 23 2 See

(a)(2) and Local Rules LSR 1-1, 1-2. 1||State.”> State remedies have not been exhausted unless and until the petitioner's federal claims 2|| have been fairly presented to the state's highest court.* 3 IT IS THEREFORE ORDERED that THIS ACTION IS DISMISSED without prejudice. 5 IT IS FURTHER ORDERED that a certificate of appealability is denied as jurists of reason would not find the court's dismissal of this improperly commenced action without 7\| prejudice to be debatable or incorrect. 8 IT IS FURTHER ORDERED that the Clerk of Court is directed to ENTER 9] JUDGMENT accordingly, CLOSE THIS CASE, and SEND petitioner two copies each of an application form to proceed in forma pauperis for incarcerated persons and a noncapital Section habeas petition form, one copy of the instructions for each form, and a copy of the papers 12} that he submitted in this action. 13 Dated: December 5, 2024

USS. Districtudge Je inifer A. Dorsey 15 16 17 18 19 20 21 ———___ >

(b)(1)(A). See Castille v. Peoples,

(1989); James v. Borg,

(9th Cir.), cert. denied,

(1994).