Allen v. Oliver

Filing 4

ORDER DISMISSING CASE. IT IS THEREFORE ORDERED that this action is dismissed due to the Allen's failure to file a cognizable habeas petition. The Clerk of the Court is directed to enter judgment accordingly and close this case. IT IS FURTHER ORDERED that no certificate of appealability will issue. Signed by Judge Cristina D. Silva on 6/3/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - MAM)

1
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

2
3
4 Derrick B. Allen,

Petitioner

5
6

Case No. 2:24-cv-00475-CDS-NJK

v.

7 Ronald Oliver,

Order Dismissing Petition and
Closing Case
[ECF No. 1]

Respondent

8
9
10

On March 15, 2024, I entered a screening order explaining why the habeas petition filed

11 by Derrick B. Allen in this case is defective. ECF No. 3. I gave Allen 30 days within which to file an
12 amended petition that corrects the deficiencies identified in the order. Id. Allen has not complied
13 with that order, so I dismiss this case. Reasonable jurists would not find this decision to be
14 debatable or wrong, so I will not issue a certificate of appealability.
15

IT IS THEREFORE ORDERED that this action is dismissed due to the Allen’s failure to

16 file a cognizable habeas petition. The Clerk of the Court is directed to enter judgment accordingly
17 and close this case.
18

IT IS FURTHER ORDERED that no certificate of appealability will issue.

19

Dated: June 3, 2024

20
21
22
23
24
25
26
27
28

Cristina D. Silva
United States District Judge