Martin v. Baca et al

Filing 44

ORDERED that this habeas petition is DISMISSED as set forth in this order. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. Signed by Judge Robert C. Jones on 5/22/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD W. MARTIN,

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Case No. 3:15-cv-00036-RCJ-WGC
Petitioner,

ORDER

v.
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ISIDRO BACA, et al.,
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Respondents.
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On August 23, 2016, this court granted in part respondents’ motion to dismiss

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petitioner Richard W. Martin’s pro se petition for writ of habeas corpus under 28 U.S.C.

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§ 2254 (ECF No. 42). Pursuant to this court’s order, Martin had thirty (30) days to

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either: (1) inform this court in a sworn declaration that he wished to formally and forever

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abandon the unexhausted grounds for relief in his federal habeas petition and proceed

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on the exhausted grounds; OR (2) inform this court in a sworn declaration that he

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wished to dismiss this petition without prejudice in order to return to state court to

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exhaust his unexhausted claims; OR (3) file a motion for a stay and abeyance, asking

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this court to hold his exhausted claims in abeyance while he returned to state court to

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exhaust his unexhausted claims. Id. The court expressly stated in that order that failure

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to respond to the order may result in the dismissal of this action. Id.

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The order was served on Martin via the U.S. Postal Service at his address of

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record, but was returned as undeliverable (see ECF Nos. 39, 43). Far more than the

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allotted time has passed, and Martin has not updated his address or responded to the

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court’s order with respect to the motion to dismiss. Accordingly, this habeas petition is
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dismissed for petitioner’s failure to update his address and for his failure to respond to
the court’s order dated August 23, 2016.
IT IS THEREFORE ORDERED that this habeas petition is DISMISSED as set
forth in this order.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.

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DATED: This 22nd day of May, 2017.
DATED: 1 May 2017.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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