Turner v. Filson

Filing 6

ORDER that the petition ECF No. 4 is hereby dismissed without prejudice; Clerk directed to enter judgment accordingly; the Court declines to issue a certificate of appealability. Signed by Judge Miranda M. Du on 12/12/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN TURNER,

Case No. 2:17-cv-02453-MMD-PAL
Petitioner,

v.

ORDER

TIMOTHY FILSON, et. al,
Respondents.

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On October 16, 2017, this Court entered an order in this habeas proceeding that

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notified petitioner Turner of several deficiencies in his habeas petition and allowing him

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thirty (30) days to file an amended petition that corrects those deficiencies. (ECF No. 3.)

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The order further advised Turner that failure to file an amended petition within the allotted

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time would result in dismissal of this case.

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Turner has not filed an amended petition as instructed. Instead, he filed a letter

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advising the Court of his desire to either withdraw the petition or allow it to be dismissed

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without prejudice. (ECF No. 5.)

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It is therefore ordered that the petition (ECF No. 4) is hereby dismissed without
prejudice. The Clerk will enter judgment accordingly.

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It is further ordered that the Court declines to issue certificate of appealability.

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DATED THIS 12th day of December 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE