Kille Sr v. Dzurenda

Filing 36

ORDER. IT IS ORDERED that 7 Petitioner David August Kille, Sr.'s Amended Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE as moot. The Clerk of Court is instructed to ENTER final judgment accordingly and CLOSE this case. Signed by Judge Richard F. Boulware, II on 10/26/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-01805-RFB-NJK Document 36 Filed 10/26/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID AUGUST KILLE, SR.,

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Petitioner,
v.

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ORDER

BRIAN WILLIAMS, et al.,

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Respondents.

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Case No. 2:17-cv-01805-RFB-NJK

This habeas matter comes before the Court on Petitioner David August Kille, Sr.’s failure
to comply with the Order to Show Cause (“OSC”). ECF No. 35.

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Kille initiated this federal habeas action pro se in June 2017. ECF No. 1. According to

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the Nevada Department of Corrections (“NDOC”), he is now paroled. 1 Kille filed two Notices of

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Change of Address confirming that he now lives in Las Vegas. ECF Nos. 33–34.

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On July 15, 2020, this Court ordered Kille to show cause in writing why this action should

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not be dismissed as moot. ECF No. 35. Kille was warned that his failure to fully comply with the

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OSC would result in the dismissal of this action with prejudice and without further advanced

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notice. (Id.) However, Kille did not comply with the OSC by filing a response, and the 30-day

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deadline expired without any request for extension.

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To date, Kille has not filed a response to the OSC or taken any other action to prosecute
this case.

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Accordingly, IT IS THEREFORE ORDERED that:

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1. Petitioner David August Kille, Sr.’s Amended Petition for Writ of Habeas Corpus

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(ECF No. 7) is DISMISSED WITH PREJUDICE as moot.
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This Court takes judicial notice of Kille’s current status as reported in NDOC’s online records. The inmate
search tool may be accessed by the public online at: https://ofdsearch.doc.nv.gov/.

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Case 2:17-cv-01805-RFB-NJK Document 36 Filed 10/26/20 Page 2 of 2

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2. A certificate of appealability is DENIED as jurists of reason would not find the Court’s
dismissal of the amended petition to be debatable or wrong.
3. The Clerk of Court is instructed to ENTER final judgment accordingly and CLOSE
this case.
DATED this 26th day of October, 2020.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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