Smith v. Williams et al

Filing 48

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,
Petitioner

2:15-cv-00465-JAD-PAL
Order Dismissing Case

v.
Brian E. Williams, et al.,
Respondents
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
without prejudice.
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
Dorsey
ennifer A. D r
ni
United Sta
nited States District Judg
ed ta
d ates District Judge
ri
ri

1

See ECF No. 46.

2

See ECF No. 47.