MICHAEL JAY McCOLLUM v. State of Nevada

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL JAY McCOLLUM,
Plaintiff - Appellant,
v.
STATE OF NEVADA,
Defendant - Appellee.
No. 11-17281
D.C. No. 3:11-cv-00494-RCJ-VPC
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Michael Jay McCollum, a Nevada state prisoner, appeals pro se from the
district court’s judgment dismissing, for failure to pay a filing fee or submit an
application to proceed in forma pauperis, his petition for writ of habeas corpus
FILED
JUL 12 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-17281 2
under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 1291. We review
for an abuse of discretion. James v. Madison St. Jail, 122 F.3d 27, 28 (9th Cir.
1997) (per curiam). We vacate and remand.
A review of the record indicates that the district court incorrectly processed
McCollum’s habeas petition as a civil rights complaint. We remand for the district
court to process his filing in the first instance as a habeas petition, and to notify
him that the filing fee in a habeas case is $5. We express no opinion on the merits
or timeliness of the habeas petition.
The district court is instructed on remand to refund the $455 appellate
docketing fee to McCollum.
McCollum’s “Motion to Amend,” filed on October 6, 2011, “Motion of
Discovery,” filed on March 19, 2012, and “Motion for Expedition,” filed on July 2,
2012, are denied as moot.
VACATED and REMANDED.

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