Balsamo v. Gentry et al

Filing 6

ORDER that 5 Petition for Writ of Habeas Corpus is DISMISSED with prejudice as time-barred. FURTHER ORDERED that a certificate of appealability is DENIED. The Clerk shall enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 5/4/15. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

STEPHANIE BALSAMO,

9

2:13-cv-01648-JAD-NJK
Petitioner,

10

ORDER
vs.

11
12

GENTRY, et al.,

13

Respondents.

14
15

Petitioner Stephanie Balsamo submitted a petition for writ of habeas corpus, pursuant to 28

16

U.S.C. § 2254 (Doc. 5). The court issued an order directing petitioner to show cause and file such proof

17

she may have to demonstrate that the petition should not be dismissed with prejudice as time-barred

18

(Doc. 7). The court ordered petitioner to respond within 30 (thirty) days and expressly advised her that

19

if she was unable to demonstrate with specific facts and competent evidence that the petition should

20

not be dismissed as time-barred, the petition would be dismissed.

21
22

More than the allotted time has passed, and petitioner has not responded to the court’s order in
any manner. Accordingly, the petition shall be dismissed with prejudice.
IT IS THEREFORE ORDERED that the petition is DISMISSED with prejudice as time-

23
24

barred.

25

IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as jurists of

26

reason would not find the court’s dismissal with prejudice of the prejudice to be debatable or incorrect.

27
28

1
2
3

IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and
close this case.
Dated: May 4, 2015.

4
5

___________________________________
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-