Orth v. Warden, HDSP et al

Filing 11

ORDER dismissing case without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 11/2/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SEAN RODNEY ORTH,

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Case No. 3:15-cv-00207-MMD-VPC
Petitioner,

ORDER

v.
WARDEN, HDSP, et al.,
Respondents.

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Before the Court is the petition for a writ of habeas corpus pursuant to 28 U.S.C.

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§ 2254. Petitioner challenges the judgment of conviction of the Second Judicial District

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Court, Case No. CR05-1459. Petitioner is challenging the same judgment in Orth v.

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Warden, Case No. 3:15-cv-00131-MMD-VPC. The current action is redundant, and the

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Court will dismiss it in favor of the earlier commenced 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 without prejudice. The 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 2nd day of November 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE