Boulware v. Williams et al

Filing 6

ORDER dismissing this action; denying a certificate of appealability; directing Clerk to enter judgment accordingly. Signed by Judge Andrew P. Gordon on 11/22/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER BOULWARE,

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Petitioner,

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vs.

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WARDEN WILLIAMS, et al.,

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2:17-cv-02496-APG-GWF

Respondents.
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ORDER

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This action is a petition for writ of habeas corpus by Christopher Boulware, a Nevada

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prisoner. The Court received Boulware’s petition for writ of habeas corpus (ECF No. 4), along with

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an application to proceed in forma pauperis (ECF No. 1), on September 25, 2017.

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In an order entered on September 29, 2017 (ECF No. 3), the Court granted Boulware in

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forma pauperis status, and screened his petition pursuant to Rule 4 of the Rules Governing Section

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2254 Cases in the United States District Courts. The Court determined that Boulware’s petition

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appears to be defective, in that Boulware has not exhausted any claim in state court. The Court

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ordered Boulware to show cause why this action should not be dismissed on that basis. The Court

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granted Boulware 45 days -- to November 13, 2017 -- to make such a showing, and warned that if he

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failed, within the time allowed, to make the required showing, this case will be dismissed.

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Boulware did not respond to the order to show cause by November 13, 2017. Indeed, he has

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filed nothing since the Court issued the September 29, 2017, order. Therefore, because Boulware’s

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petition is wholly unexhausted in state court, the Court will dismiss this action.

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IT IS THEREFORE ORDERED that this action is dismissed.

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IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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Dated: November 22, 2017.

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UNITED STATES DISTRICT JUDGE