Hughes v. Skolnik et al

Filing 3

ORDER DISMISSING CASE without prejudice. Clerk shall enter final judgment accordingly. Signed by Judge Howard D. McKibben on 3/25/2010. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 CHET HUGHES, 9 Petitioner, 10 vs. 11 ORDER 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ___________________________________ HOWARD D. MCKIBBEN United States District Judge Petitioner, a Nevada state inmate, has filed a habeas petition seeking to challenge a Nevada state detainer. Petitioner did not pay the filing fee or file an application to proceed in forma pauperis. It further appears from the papers presented that petitioner has not exhausted his federal claims in the state courts. A habeas petitioner first must exhaust his state court remedies on a claim before presenting that claim to the federal courts. To satisfy this exhaustion requirement, the claim must have been fairly presented to the state courts completely through to the highest court available, in this case the Supreme Court of Nevada. E.g., Peterson v. Lampert, 319 F.3d 1153, 1156 (9th Cir. 2003)(en banc). IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. DATED: March 25, 2010. DIR. SKOLNIK, NDOC, et al. Respondents. 3:10-cv-00165-HDM-RAM UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

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