Smith v. Williams et al

Filing 17

ORDER granting 16 Motion to Dismiss with prejudice. The court will not issue a certificate of appealability. Signed by Judge Richard F. Boulware, II on 7/13/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 TARRELL M. SMITH, 10 Petitioner, 11 vs. 12 Case No. 2:15-cv-01762-RFB-NJK BRIAN E. WILLIAMS, et al., 13 ORDER Respondents. 14 15 Petitioner has filed a motion to voluntarily dismiss petition for writ of habeas corpus (ECF No. 16 16). Respondents have not responded to the motion. Petitioner understands that the dismissal would 17 be without prejudice.1 Good cause appearing; 18 19 IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice. The clerk of the court shall enter judgment accordingly and close this action. 20 IT IS FURTHER ORDERED that the court will not issue a certificate of appealability. 21 DATED: July 13, 2017. 22 23 _________________________________ RICHARD F. BOULWARE, II United States District Judge 24 25 1 26 27 28 Technically, under Rule 41(a) of the Federal Rules of Civil Procedure, a dismissal would be without prejudice unless the order states otherwise. However, this action itself has been open for more than a year, and the one-year period of limitation of 28 U.S.C. § 2244(d)(1) was not tolled while the action was open. Even if the court were to dismiss the action “without prejudice,” any subsequent petition would be time-barred.

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