Hill v. Filson et al

Filing 43

ORDER that the Petition is dismissed without prejudice; a certificate of appealability is denied; Clerk directed to send Petitioner one copy of ECF No. 6 Petition (Mailed to P on 4/30/2019); Clerk directed to enter judgment and close this case. Signed by Judge Miranda M. Du on 4/30/2019. (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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JOAQUIN BROUSHON HILL,

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Case No. 3:16-cv-00694-MMD-WGC
Petitioner,

ORDER

v.
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TIMOTHY FILSON, et al.,
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Respondents.
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This pro se 28 U.S.C. § 2254 habeas petition by Joaquin Broushon Hill is before

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the Court on Hill’s amended declaration regarding unexhausted claims (ECF No. 42). Hill

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now clarifies that he wishes to dismiss this Petition without prejudice in order to return to

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state court to exhaust his unexhausted claims.

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It is therefore ordered that the Petition is dismissed without prejudice.

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It is further ordered that to the extent it is applicable in this context, a certificate of

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appealability is denied.
It is further ordered that the Clerk send Petitioner one copy of his Petition (ECF
No. 6).

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It is further ordered that the Clerk enter judgment accordingly and close this case.

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DATED THIS 30th day of April 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE