Tom v. The State of Nevada et al

Filing 17

ORDER - The Clerk of Court is therefore directed to send Tom a courtesy copy of the following to Ely State Prison: (1) a copy of this Order; (2) a copy of the Dismissal Order (ECF No. 11); and (3) a copy of the Judgment (ECF No. 12). (Specified c opies attached hereto for distribution to P via ESP law library.) Signed by Chief Judge Miranda M. Du on 9/24/2024. (For Distribution by law library.) (Attachments: # 1 Copy ECF No. 11 Order, # 2 Copy ECF No. 12 Judgment)(Copies have been distributed pursuant to the NEF - DRM)

Case 2:24-cv-00895-MMD-BNW Document 11 Filed 09/20/24 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
SEAN RYAN TOM,

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v.

Case No. 2:24-cv-00895-MMD-BNW
Petitioner,

DISMISSAL ORDER

THE STATE OF NEVADA, et al.,
Respondents.

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Pro se Petitioner Sean Ryan Tom filed an Amended Petition for Writ of Habeas

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Corpus under 28 U.S.C. § 2254 on June 18, 2024. (ECF No. 7 (“Amended Petition”).) The

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Court conducted an initial review of the Amended Petition and ordered Tom to show

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cause why his Amended Petition should not be dismissed without prejudice as

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unexhausted, explaining that Tom’s appeal of the denial of his state habeas petition is

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still pending before the Nevada appellate court. (ECF No. 10 (“OSC”).) Tom was warned

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that if he did not timely and fully respond to the OSC on or before September 16, 2024,

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“this action w[ould] be dismissed without further advance notice.” (Id.) To date, Tom has

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not filed a response to the OSC, requested an extension of time to do so, or taken any

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other action to prosecute this case.

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It is therefore ordered that this action is dismissed without prejudice based on
Tom’s failure to comply with the Court’s Order to Show Cause (ECF No. 10).

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It is further ordered that the motion for appointment of counsel (ECF No. 2) is
denied as moot.

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It is further ordered that a certificate of appealability is denied, as jurists of reason

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would not find dismissal of the Amended Petition for the reasons stated herein to be

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debatable or wrong.

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///

Case 2:24-cv-00895-MMD-BNW Document 11 Filed 09/20/24 Page 2 of 2

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The Clerk of Court is further directed to (1) add Nevada Attorney General Aaron

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D. Ford as counsel for Respondents, 1 (2) informally serve the Nevada Attorney General

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with the Amended Petition (ECF No. 7), this Order, and all other filings in this matter by

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sending notices of electronic filing to the Nevada Attorney General’s office, (3) enter final

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judgment accordingly, dismissing this action without prejudice, and (4) close this case.

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DATED THIS 20th Day of September 2024

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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1No

response is required from Respondents other than to respond to any orders
of a reviewing court.
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