Battle v. Nebraska Department of Corrections

Filing 20

MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus (FilingNo. 1 ) is dismissed without prejudice. The court will enter a separate judgment in accordance with this order. The clerk's office is directed to term the motion event at F iling Number 14 , Petitioners "Notice of Appeal." Petitioner may not appeal his criminal conviction in the federal district court. He must do so in Nebraska's appellate courts. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN K. BATTLE,
Petitioner,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONS,
Respondent.

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4:14CV3201

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On January 14, 2015, the court
ordered Petitioner to show cause why this matter should not be dismissed without
prejudice because his claims have not been exhausted in Nebraska’s state courts. (Filing
No. 19 at CM/ECF p. 3.) The court warned Petitioner that failure to file a response within
30 days would result in dismissal of this matter without further notice to him. Petitioner has
not responded and the time in which to do so has now passed.
IT IS THEREFORE ORDERED that: The Petition for Writ of Habeas Corpus (Filing
No. 1) is dismissed without prejudice. The court will enter a separate judgment in
accordance with this order. The clerk’s office is directed to term the motion event at Filing
Number 14, Petitioner’s “Notice of Appeal.”

Petitioner may not appeal his criminal

conviction in the federal district court. He must do so in Nebraska’s appellate courts.

DATED this 2nd day of March, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge