Ke v. Davis

Filing 49

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Vince Chhabria on 6/28/2018. The deputy clerk hereby certifies that on 6/28/2018 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 6/28/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

HUI LIAN KE,
Petitioner,
v.

Case No. 17-cv-04826-VC (PR)
ORDER OF DISMISSAL WITHOUT
PREJUDICE

TIM DAVIS,
Respondent.

Petitioner Hui Lian Ke filed a pro se petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. In an April 6, 2018 Order, the Court found the claims in Ke’s petition to be
unexhausted. The Court allowed Ke to either: (1) dismiss her habeas claims and return to state
court to exhaust them before returning to federal court to present her newly exhausted claims in a
new petition; or (2) move for a stay of the present petition while she exhausted her state court
remedies for the unexhausted claims.
The Court gave Ke twenty-eight (28) days from the April 6, 2018 Order, to choose one of
the two options. The Court stated that if Ke did not choose one of the two options or file a
motion within the 28-day time frame, the Court would assume she chose Option (1) and the
action would be dismissed without prejudice to Ke filing a new petition with only exhausted
claims.
More than 28 days have passed and Ke has not filed a motion or any document with the
Court. Accordingly, the petition is dismissed without prejudice.

IT IS SO ORDERED.
Dated:

June 28, 2018
______________________________________
VINCE CHHABRIA
United States District Judge