Roberts v. Benedetti et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DELL MARVIN ROBERTS,
JIM BENEDETTI, et al.
Petitioner has not responded to the order (#15) directing that he show cause why the
petition is not subject to dismissal because the petition is wholly unexhausted. Petitioner has
not done so or otherwise responded. On the face of the record, the petition is wholly
unexhausted. #15, at 2-3. The order informed petitioner that the entire petition would be
dismissed if he did not timely respond. #15, at 4, lines 3-4.
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.
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?