Blake v. Baker et al

Filing 87

ORDERED that this action is DISMISSED without prejudice for failure to exhaust state remedies. The Clerk shall enter judgment accordingly. Signed by Chief Judge Robert C. Jones on 1/18/2012. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 ALFONSO MANUEL BLAKE, 10 Petitioner, 11 vs. 12 RENEE BAKER, et al., 13 14 15 Respondents. ) ) ) ) ) ) ) ) ) ) / 3:09-cv-00327-RCJ-WGC ORDER TO SHOW CAUSE On January 6, 2012, this court issued an order for petitioner Blake to show cause why this 16 case should not be dismissed without prejudice as unexhausted pursuant to Rose v. Lundy, 455 U.S. 17 509, 522 (1982). Docket #85. On January 13, 2012, Blake filed a response indicating that he 18 chooses to not abandon his unexhausted claims. Docket #86. 19 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for 20 failure to exhaust state remedies pursuant to the total exhaustion rule of Rose v. Lundy, 455 U.S. 509, 21 522 (1982). The Clerk shall enter judgment accordingly. 22 DATED: This 18th day of January, 2012. 23 24 25 26 _________________________________________ UNITED STATES DISTRICT JUDGE

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