Sevant v. Foster et al

Filing 11

ORDER that this action is DISMISSED without prejudice. The clerk of the court shall enter judgment accordingly. FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge James C. Mahan on 11/14/14. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

DEBBY SEVANT,

10

Petitioner,

11

vs.

12

Case No. 2:14-cv-00531-JCM-VCF

SHERYL FOSTER, et al.,

13

ORDER

Respondents.

14
15

The court determined that the petition for a writ of habeas corpus pursuant to 28 U.S.C.

16

§ 2254 (#8) had defects in its allegations, and the court gave petitioner the opportunity to file an

17

amended petition to correct those defects. Order (#8). Petitioner has not complied with the court’s

18

order within the allotted time. The court will dismiss the action

19

This action does not toll the one-year period of 28 U.S.C. § 2244(d). Duncan v. Walker, 533

20

U.S. 167, 181-82 (2001). If petitioner files a new federal habeas corpus petition, then she is

21

responsible for ensuring that it is timely.

22
23

Reasonable jurists would not find the court’s conclusions to be debatable or wrong, and the
court will not issue a certificate of appealability.

24

IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. The

25

clerk of the court shall enter judgment accordingly.

26

///

27

///

28

///

1

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

2

DATED: November 14, 2014.

3
4

_________________________________
JAMES C. MAHAN
United States District Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-