Kurtze v. Kohn et al

Filing 6

ORDER DISMISSING CASE. Certificate of Appealability is denied. Signed by Judge Richard F. Boulware, II on 2/26/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

7 GIOVANNI K. KURTZE,
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Case No.: 2:17-cv-01057-RFB-VCF

Petitioner
ORDER

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10 PHILIP J. KOHN, et al.,
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Respondents

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On June 19, 2018, the court dismissed Kurtze’s action with leave to file an amended

14 federal habeas corpus petition if that is indeed what he intended (ECF No. 4). The court pointed
15 out several deficiencies in the original filing. The court directed Kurtze to file his amended
16 petition, if any, within 45 days of the date of the order. The order further advised that failure to
17 file an amended petition in conformance with the order would result in the dismissal of the
18 action.
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That order was served on Kurtze via U.S. mail at his address of record (see ECF No. 4).

20 More than the allotted time has passed, and Kurtze has failed to file an amended petition or
21 respond to the order in any way. Accordingly, this action is dismissed for failure to respond to
22 the court’s order to file an amended petition.
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IT IS THEREFORE ORDERED that this action is DISMISSED as set forth in this

2 order.
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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close

5 this case.
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DATED: February 26, 2019 .

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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