Merritte v. State of Nevada

Filing 7

ORDER that this action is Dismissed without prejudice. A certificate of appealability is Denied. Signed by Judge James C. Mahan on 11/14/2014. (Copies have been distributed pursuant to the NEF; CC: AG - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEVELLE MERRITTE,

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Petitioner,

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vs.

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STATE OF NEVADA, et al.,

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Case No. 2:14-cv-00587-JCM-NJK
ORDER

Respondents.

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The court directed petitioner to show cause why the court should not dismiss the petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254 because petitioner had not exhausted his

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available state-court remedies. Order (#6). Petitioner has not responded within the allotted time.

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The court will dismiss the action.

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Reasonable jurists would not find the court’s determination to be debatable or wrong, and
the court will not issue a certificate of appealability.
This action does not toll the one-year period of 28 U.S.C. § 2244(d). Duncan v. Walker, 533

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

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responsible for ensuring that it is timely.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for
failure to exhaust state-court remedies. The clerk of the court shall enter judgment accordingly.

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

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney

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General for the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a

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copy of the this order. No response is necessary.

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DATED: November 14, 2014.

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_________________________________
JAMES C. MAHAN
United States District Judge

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