Suratos v. Myles et al

Filing 12

ORDER Granting 7 Motion to Dismiss Petition. Signed by Judge Kent J. Dawson on 10/12/11. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

MILAGROS RAYRAY SURATOS,

12

Petitioner,

13

vs.

14

CAROLYN MYLES, et al.,

15

Respondents.

)
)
)
)
)
)
)
)
)
/

2:11-cv-00955-KJD-GWF
ORDER

16
17

This action proceeds on a habeas corpus petition pursuant to 28 U.S.C. § 2254 brought

18

pro se by petitioner, Milagros Rayray Suratos. Before the Court is an unopposed motion to dismiss the

19

petition (ECF No. 7) on the grounds that it contains unexhausted and procedurally barred claims.

20

Despite being given notice through the Court’s Order regarding the requirements of

21

Klingele v. Eikenberry and Rand v. Rowland, petitioner has not opposed the motion and has not sought

22

additional time from the Court to do so. Local Rules of Practice (LR) Rule 7-2(d) provides that ... “the

23

failure of an opposing party to file points and authorities in response to any motion shall constitute a

24

consent to the granting of the motion.”

25

Because, pursuant to 28 U.S.C. § 2254(b)(1), the Court is unable to entertain the merits

26

of claims raised in this Court but not raised before the state court’s, the motion to dismiss must be

1
2
3
4

granted.
IT IS THEREFORE ORDERED that the Motion to Dismiss the Petitioner (ECF No.
7) is GRANTED. The petition is DISMISSED. The Clerk shall enter judgment accordingly.
DATED: October 12, 2011

5
6
7

___________________________________
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-2-