McLellan v. Baker et al
Filing
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ORDER. IT IS ORDERED that this action is DISMISSED without prejudice for petitioner's failure to exhaust his available state-court remedies. The clerk of the court shall enter judgment accordingly and close this action. IT FURTHER IS ORDERED that a certificate of appealability will not issue. Signed by Judge James C. Mahan on 11/14/2018. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CURT MCLELLAN,
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Petitioner,
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Case No. 2:16-cv-03038-JCM-CWH
ORDER
v.
RENEE BAKER, et al.,
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Respondents.
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On August 23, 2018, the court granted in part respondents’ motion to dismiss (ECF No.
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7), holding that petitioner had not exhausted his state-court remedies for ground E. ECF No. 15.
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The court instructed petitioner to file a motion to dismiss the entire petition without prejudice, a
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motion to dismiss ground E, or a motion for other relief. Id. If petitioner did not file anything
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within thirty (30) days, then the court would dismiss the action as a mixed petition. Id. Petitioner
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has not filed anything within the allotted time. The court will dismiss the action.
The dismissal is without prejudice, but the court makes no statement about the timeliness
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of any subsequently commenced action.
Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
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court will not issue a certificate of appealability.
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///
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///
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IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice for
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petitioner’s failure to exhaust his available state-court remedies. The clerk of the court shall enter
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judgment accordingly and close this action.
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IT FURTHER IS ORDERED that a certificate of appealability will not issue.
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DATED: November 14, 2018.
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______________________________
JAMES C. MAHAN
United States District Judge
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