Gonzalez-Soto v. Baca et al

Filing 27

ORDER DISMISSING CASE with prejudice for petitioner's failure to exhaust available state-court remedies for all grounds for relief. Clerk shall enter judgment accordingly and close this action. Certificate of appealability is DENIED. Signed by Judge Robert C. Jones on 4/12/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JESUS GONZALEZ-SOTO,

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Petitioner,

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vs.

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Case No. 3:14-cv-00304-RCJ-WGC

ISIDRO BACA, et al.,

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ORDER

Respondents.

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On February 12, 2016, the court granted respondents’ motion to dismiss (#19), ruling that

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petitioner had not exhausted his available state-court remedies for all of his grounds for relief. Order

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(#26). The court instructed petitioner to declare what he wanted to do with the unexhausted

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grounds. The court also stated that it would dismiss the action if petitioner did not respond.

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Petitioner has not responded within the allotted time. The court will dismiss this action without

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prejudice. The court makes no statement about the applicability of any procedural defense if

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petitioner files another habeas corpus petition that challenges his custody pursuant to the same state-

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court judgment of conviction.

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Reasonable jurists would not find this conclusion to be debatable or wrong, and the court will

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not issue a certificate of appealability.

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IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice for

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petitioners’ failure to exhaust his available state-court remedies for all of his grounds for relief. The

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clerk of the court shall enter judgment accordingly and close this action.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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Dated: This 12th day of April, 2016.
DATED:

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_________________________________
ROBERT C. JONES
United States District Judge

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