Smith v. Williams et al
ORDER DISMISSING CASE. IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 10/30/17. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Robert Fitzgerald Smith,
Order Dismissing Case
Brian E. Williams, et al.,
In this mixed-petition case, I previously gave petitioner Robert Smith two
options: (1) dismiss the unexhausted grounds in his petition and proceed with the
exhausted grounds, or (2) dismiss the case and return to state court to exhaust the
unexhausted grounds.1 Smith evidently chose the second option and now declares
that he wishes to dismiss this case.2 The dismissal is without prejudice, and I make
no determinations regarding potential state-court or federal-court procedural bars.
Accordingly, IT IS HEREBY ORDERED that this case is DISMISSED
IT IS FURTHER ORDERED that a certificate of appealability is DENIED
because reasonable jurists would not find my decision debatable.
The Clerk of Court is directed to CLOSE THIS CASE.
DATED: October 30, 2017.
Jennifer A. Dorsey
ennifer A. D r
nited States District Judg
d ates District Judge
See ECF No. 46.
See ECF No. 47.
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