Stark v. Baker et al

Filing 16

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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