Heiman v. Smith et al

Filing 6

ORDER DISMISSING CASE with prejudice because the action is untimely; directing clerk to enter judgment accordingly; denying a certificate of appealability. Signed by Judge Howard D. McKibben on 2/4/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RONALD HEIMAN,

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Petitioner,

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vs.

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Case No. 3:14-cv-00471-HDM-VPC

GREG SMITH, et al.,

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ORDER

Respondents.

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The court determined that the petition for a writ of habeas corpus was untimely under 28

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U.S.C. § 2244(d)(1), and the court directed petitioner to show cause why the action should not be

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dismissed. Order (#3). Petitioner has not responded to the court’s order within the allotted time,

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and the court will dismiss the action.

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Reasonable jurists would not find the court’s conclusion on the timeliness of this action 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 because the
action is untimely. The clerk of the court shall enter judgment accordingly.

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

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DATED: February 4, 2015.

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_________________________________
HOWARD D. MCKIBBEN
United States District Judge