Stark v. Baker et al
Filing
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ORDER Petition is hereby DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability. Signed by Judge Richard F. Boulware, II on 6/6/2019. (Copies have been distributed pursuant to the NEF - JM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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KENYON JAMES STARK,
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Case No. 2:17-cv-00727-RFB-VCF
Petitioner,
ORDER
v.
WARDEN BAKER, et al.,
Respondents.
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On February 15, 2019, the Court granted respondents’ motion to dismiss the
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petition as entirely unexhausted. (ECF No. 15). The Court advised petitioner to either
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move to dismiss the petition without prejudice or file a motion for other appropriate relief,
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including a motion to stay and abey. (Id.) Petitioner has failed to timely respond to the
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Court’s order.
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Accordingly, IT IS ORDERED that the unexhausted petition is hereby DISMISSED
WITHOUT PREJUDICE.
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IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability,
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as jurists of reason would not find the Court’s dismissal of the unexhausted petition to be
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debatable or wrong.
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The Clerk of Court shall enter final judgment accordingly and CLOSE this case.
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IT IS SO ORDERED.
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DATED this 6th day of June, 2019.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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