Villanueva v. Nevada Department Of Corrections et al
Filing
24
ORDERED that P's # 23 Motion for voluntary dismissal is GRANTED and the petition is DISMISSED without prejudice. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 4/6/2012. (Copies have been distributed pursuant to the NEF - DRM) (Main Document 24 replaced on 4/9/2012) (DRM).
1
2
3
4
5
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
6
7
8
ISIDRO VILLANUEVA,
9
Petitioner,
10
vs.
3:10-cv-00225-LRH-VPC
ORDER
11
12
13
DIRECTOR, NEVADA DEPARTMENT
OF CORRECTIONS, et al.,
Respondents.
14
15
16
This habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s motion (#23)
for voluntary dismissal.
17
Petitioner Isidro Villanueva has sought to challenge his Nevada state conviction, pursuant to
18
a guilty plea, of lewdness with a child under fourteen years of age. His motion to dismiss the petition
19
without prejudice follows upon the Court’s holding that a number of grounds are unexhausted. To the
20
extent that the motion perhaps suggests that the Court “recommended” that petitioner dismiss and
21
exhaust grounds, the Court made no recommendation – in any respect – in its prior order. The Court
22
held that certain grounds were unexhausted, and it gave petitioner thirty days “within which to mail to
23
the Clerk for filing a motion for dismissal without prejudice of the entire petition, for partial dismissal
24
only of the unexhausted claims, and/or for other appropriate relief.” #20, at 6. The election as to what
25
relief to request was left entirely to petitioner, and this Court neither is petitioner’s legal advisor nor did
26
it advise petitioner how to proceed. In the motion before the Court, petitioner “moves . . . to dismiss
27
without prejudice his petition for writ of habeas corpus.” While the current petition will be dismissed
28
without prejudice, such a dismissal does not prevent dismissal of a later petition for untimeliness.
1
2
3
4
5
IT THEREFORE IS ORDERED that petitioner’s motion (#23) for voluntary dismissal is
GRANTED and the petition is DISMISSED without prejudice.
The Clerk of Court shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED this 6th day of April, 2012.
6
7
____________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
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?