Huber v. Baca et al

Filing 6

ORDER DISMISSING CASE with prejudice as untimely and successive; directing Clerk to enter judgment accordingly; denying a certificate of appealability. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MICHAEL EUGENE HUBER,

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Petitioner,

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vs.

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Case No. 3:14-cv-00083-RCJ-VPC

WARDEN BACA, et al.,

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ORDER

Respondents.

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The court directed petitioner to show cause why this action should not be dismissed because

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it is untimely and successive. Order (#3). Petitioner has not responded within the allotted time, and

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the court will dismiss the action.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
court will not issue a certificate of appealability.
IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice as untimely
and successive. The clerk of the court shall enter judgment accordingly.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
Dated: November 5, 2014.November, 2014.
Dated: This 19th day of

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_________________________________
ROBERT C. JONES
United States District Judge