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)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DELL MARVIN ROBERTS,

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Petitioner,

3:09-cv-00685-ECR-VPC

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vs.

ORDER

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JIM BENEDETTI, et al.
Respondents.

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Petitioner has not responded to the order (#15) directing that he show cause why the

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petition is not subject to dismissal because the petition is wholly unexhausted. Petitioner has

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not done so or otherwise responded. On the face of the record, the petition is wholly

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unexhausted. #15, at 2-3. The order informed petitioner that the entire petition would be

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dismissed if he did not timely respond. #15, at 4, lines 3-4.

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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.

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EDWARD C. REED
United States District Judge