Keller v. Baca

Filing 43

ORDER that petitioner file a response to ECF No. 41 Order by 5/25/2018, including by motion to stay and abey; failure to respond to the Court's Order may result in dismissal of his habeas petition without prejudice. Signed by Judge Miranda M. Du on 5/10/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRET HENRY KELLER,

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Case No. 3:15-cv-00563-MMD-VPC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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On February 13, 2018, the Court granted Respondents’ motion to dismiss in part

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and, finding that the petition is mixed, directed petitioner to either abandon his

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unexhausted claims, move to dismiss the entire petition, or file a motion to stay and abey

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within thirty days of the date of the Court’s Order. (ECF No. 41.)

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On May 10, 2018, the Court received a letter from Petitioner indicating that he had

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filed a motion to stay and abey but that he had not received any decision from the Court.

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(ECF No. 42.) Petitioner is advised that the Court has not received any response to its

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February 13, 2018 Order from Petitioner, including any motion to stay.

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It is therefore ordered that Petitioner file a response to the Court’s February 13,

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2018 Order, including by motion to stay and abey if he so elects, within fifteen days of the

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date of this Order. Petitioner’s failure to respond to the Court’s Order may result in

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dismissal of his habeas petition without prejudice.

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DATED THIS 10th day of May 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE