Boulware v. Williams et al
Filing
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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
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