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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 CHRISTOPHER BOULWARE, 4 Petitioner, 5 vs. 6 WARDEN WILLIAMS, et al., 7 2:17-cv-02496-APG-GWF Respondents. _________________________________/ 8 ORDER 9 This action is a petition for writ of habeas corpus by Christopher Boulware, a Nevada 10 prisoner. The Court received Boulware’s petition for writ of habeas corpus (ECF No. 4), along with 11 an application to proceed in forma pauperis (ECF No. 1), on September 25, 2017. 12 In an order entered on September 29, 2017 (ECF No. 3), the Court granted Boulware in 13 forma pauperis status, and screened his petition pursuant to Rule 4 of the Rules Governing Section 14 2254 Cases in the United States District Courts. The Court determined that Boulware’s petition 15 appears to be defective, in that Boulware has not exhausted any claim in state court. The Court 16 ordered Boulware to show cause why this action should not be dismissed on that basis. The Court 17 granted Boulware 45 days -- to November 13, 2017 -- to make such a showing, and warned that if he 18 failed, within the time allowed, to make the required showing, this case will be dismissed. 19 Boulware did not respond to the order to show cause by November 13, 2017. Indeed, he has 20 filed nothing since the Court issued the September 29, 2017, order. Therefore, because Boulware’s 21 petition is wholly unexhausted in state court, the Court will dismiss this action. 22 IT IS THEREFORE ORDERED that this action is dismissed. 23 IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability. 24 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. 25 Dated: November 22, 2017. 26 UNITED STATES DISTRICT JUDGE

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