Aviles v. Dickhaut

Filing 28

Judge F. Dennis Saylor, IV: ORDER entered granting 25 Motion to Dismiss. (Cicolini, Pietro)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

ANGEL AVILES,
Petitioner,
v.
THOMAS DICKHAUT,
Respondent.

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Civil Action No.
12-cv-40017-FDS

MEMORANDUM AND ORDER
ON RESPONDENT’S MOTION TO DISMISS
SAYLOR, J.
This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by a person in
state custody. On April 10, 2013, the Court issued a memorandum and order finding that
petitioner Aviles had failed to exhaust his available state remedies as to some of the claims
contained in the petition. Accordingly, the Court ordered that respondent’s motion to dismiss the
petition would be granted unless, within 30 days, petitioner filed a request to dismiss the
unexhausted claims in his petition and proceed on the merits of the exhausted claims. That 30day period has recently expired, and petitioner has not yet filed a request to dismiss the
unexhausted claims contained in his petition.
For the foregoing reasons, respondent’s motion to dismiss the petition is GRANTED.

So Ordered.
/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge
Dated: May 15, 2013