Green

Filing 5

ORDER that this case is dismissed without prejudice. IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability. IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 6/15/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MALIQUE GREEN,

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Petitioner,

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vs.

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2:14-cv-01630-GMN-PAL

ATTORNEY GENERAL, et al.,

ORDER
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Respondents.
_____________________________/

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In this habeas corpus action, in an order entered May 13, 2015, the court ordered the

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petitioner, Malique Green, to show cause, within 30 days, why the court should not dismiss his

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action. See Order entered May 13, 2015 (ECF No. 2). The court explained that there is no

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indication in Green’s habeas petition that he is currently in custody on the conviction and sentence

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he challenges, and that, therefore, this court lacks jurisdiction. See id. The court also explained that

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it appears that Green has not exhausted available state-court remedies. See id. The court granted

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Green an opportunity to show cause why this action should not be dismissed for those reasons. See

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id. The court stated that if Green failed, within the time allowed, to make a prima facie showing that

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he is still in custody on the conviction and sentence he challenges in this case, and that he has

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exhausted, in state court, one or more of the claims he asserts in his petition in this action, this case

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will be dismissed. Green did not respond to the order to show cause.

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On May 22, 2015, the copy of the May 13 order sent to Green was returned to this court

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undelivered (ECF No. 4). It appears that Green has not kept the court informed of his current

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address, as required by LSR 2-2.

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Therefore, the court will dismiss this action, without prejudice, for the following reasons:

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(1) there is no indication in the habeas petition that the petitioner is currently in custody on the

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conviction and sentence he challenges, and this court, therefore, lacks jurisdiction; (2) the petitioner

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has not exhausted available state-court remedies with respect to any of his claims; and (3) the

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petitioner has not kept the court informed of his current address as required by LSR 2-2.

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IT IS THEREFORE ORDERED that this case is dismissed without prejudice.

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IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability.

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IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly.

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DATED this 15th day of June, 2015.

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_________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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