Roberts v. Benedetti et al

Filing 17

ORDER DISMISSING CASE. IT IS HEREBY ORDERED that the petition shall be DISMISSED without prejudice and that certificate of appealability is DENIED. FURTHER ORDERED, the clerk shall enter judgment accordingly. Signed by Judge Edward C. Reed, Jr on 4/13/2011. (Copies have been distributed pursuant to the NEF - KO)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 DELL MARVIN ROBERTS, 9 Petitioner, 3:09-cv-00685-ECR-VPC 10 vs. ORDER 11 12 13 JIM BENEDETTI, et al. Respondents. 14 15 Petitioner has not responded to the order (#15) directing that he show cause why the 16 petition is not subject to dismissal because the petition is wholly unexhausted. Petitioner has 17 not done so or otherwise responded. On the face of the record, the petition is wholly 18 unexhausted. #15, at 2-3. The order informed petitioner that the entire petition would be 19 dismissed if he did not timely respond. #15, at 4, lines 3-4. 20 21 22 23 24 IT THEREFORE IS ORDERED that the petition shall be DISMISSED without prejudice and that a certificate of appealability is DENIED. The Clerk of Court shall enter final judgment accordingly against petitioner and in favor of respondents, dismissing this action without prejudice. DATED this 13th day of April 2011. 25 26 27 28 _________________________________ EDWARD C. REED United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?