Kiper v. Nevada Board of Parole Commissioners, et al.

Filing 30

JUDGMENT in favor of Attorney General of the State of Nevada, Nevada Board of Parole Commissioners against Mayfield Allen Kiper: The 5 petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE as the petition is a "mixed" petition containing both exhausted and unexhausted grounds for relief and petitioner refuses to either abandon the unexhausted grounds or move for a stay to return to state court to exhaust the grounds. IT IS FURTHER ORDERED that petitioner is DENIED a certificate of appealability . Signed by Lance S. Wilson, Clerk, on 08/06/09. (Copies have been distributed pursuant to the NEF - MLC)

AO 450 (Rev. 5/85) Judgment in a Civil Case

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UNITED STATES DISTRICT COURT
***** MAYFIELD ALLEN KIPER, Petitioner, V. CASE NUMBER: 3:06-CV-446-ECR (VPC) NEVADA BOARD OF PAROLE COMMISSIONERS, et al., Respondents. DISTRICT OF NEVADA

JUDGMENT IN A CIVIL CASE

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. x Decision by Court. This action came to be considered before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the petition for writ of habeas corpus (#5) is DISMISSED W I T H O U T PREJUDICE as the petition is a "mixed" petition containing both exhausted and unexhausted grounds for relief a n d petitioner refuses to either abandon the unexhausted grounds or move for a stay to return to state court to exhaust the g r o u n d s . IT IS FURTHER ORDERED that petitioner is DENIED a certificate of appealability.

August 6, 2009

LANCE S. WILSON Clerk

Marti Campbell Deputy Clerk