Draw v. Baca et al

Filing 42

ORDER that this action is dismissed without prejudice; Petitioner is denied a certificate of appealability; Clerk directed to enter judgment. Signed by Judge Miranda M. Du on 7/24/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HUBERT W. DRAW, JR.,

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Case No. 3:15-cv-00224-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,

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Respondents.

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This action is a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C.

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§ 2254, by Hubert W. Draw, Jr., who, on October 31, 2007, after a jury trial in Nevada's

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Eighth Judicial District Court (Clark County), was convicted of one count of sexual assault

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with a minor under sixteen years of age, and seven counts of open or gross lewdness (a

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gross misdemeanor).

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Respondents have filed an answer, responding to the claims remaining in Draw’s

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Petition. (ECF No. 39.) Draw did not file a reply to Respondents’ answer, and, in fact, has

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taken no action in the case since December 19, 2016, when he filed a motion to voluntarily

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dismiss an unexhausted claim. (ECF No. 35.)

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Meanwhile, it appears that Draw has been discharged from prison, and he has not
provided the Court with a notice of change of his mailing address.

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On June 15, 2018, the Court entered an Order (ECF No. 40), requiring that, no

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later than July 20, 2018, Draw either: (1) file a notice confirming that his mailing address

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is still the address that the Court has for him, at the Lovelock Correctional Center (“LCC”),

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1200 Prison Rd., Lovelock, NV 89419, or (2) file a notice of his new mailing address. That

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Order, mailed to Draw at the LCC address, was returned to the Court undelivered, with

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indications on the returned envelope that Draw is no longer incarcerated at that prison.

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Draw did not respond to the June 15, 2018, order by July 20, 2018. Therefore, this case

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will be dismissed, without prejudice, for Draw’s failure to keep the Court informed of his

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current address as required by LR IA 3-1.

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It is therefore ordered that this action is dismissed without prejudice.

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It is further ordered that Petitioner is denied a certificate of appealability.

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It is further ordered that the Clerk of the Court enter judgment accordingly.

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DATED THIS 24th day of July 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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