Daniels v. McDaniels et al

Filing 6

ORDER DISMISSING CASE. IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for petitioner's failure to exhaust his available state-court remedies. The clerk of court shall enter judgment accordingly. FURTHER ORDERED, petitioner's 5 motion for the appointment of counsel is DENIED as moot. Signed by Judge Larry R. Hicks on 9/15/2010. (Copies have been distributed pursuant to the NEF - KO)

Daniels v. McDaniels et al

Doc. 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE The court ordered petitioner to show cause why this action should not be dismissed because petitioner had not exhausted his available remedies in the state courts before filing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (#4). Order (#3). Petitioner has not complied with the court's order (#3) within the allotted time. IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for petitioner's failure to exhaust his available state-court remedies. The clerk of the court shall enter judgment accordingly. IT IS FURTHER ORDERED that petitioner's motion for the appointment of counsel (#5) is DENIED as moot. DATED this 15th day of September, 2010. vs. E. K. MCDANIEL, et al., Respondents. ALLAN MICAH DANIELS, Petitioner, Case No. 3:10-CV-00315-LRH-(VPC) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

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