Stott v. Wickham et al

Filing 30

ORDERED petitioner's unopposed motion to dismiss the petition in this action without prejudice (ECF No. 27 ) is granted. It is further ordered that the Clerk of Court shall enter final judgment accordingly and close this case. Signed by Judge Miranda M. Du on 9/10/2018. (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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PHILIP STOTT,

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Case No. 3:17-cv-00081-MMD-CBC
Petitioner,

v.

ORDER

HAROLD WICKHAM, et al.,
Respondents.

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This is a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254

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filed by a Nevada state prisoner. On August 8, 2018, the Court found that several of

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petitioner’s claims are unexhausted and the petition is therefore mixed. (ECF No. 26.)

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The Court directed petitioner to either: (1) move to dismiss his unexhausted claims; (2)

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move to dismiss the entire 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 other appropriate relief, including

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a motion for a stay and abeyance. (Id.)

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On August 16, 2018, petitioner filed a motion to dismiss the entire petition without

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prejudice in order to return to state court to exhaust his unexhausted claims. (ECF No.

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27.) Respondents do not oppose the motion. (ECF No. 28.)

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It is therefore ordered that petitioner’s unopposed motion to dismiss the petition in
this action without prejudice (ECF No. 27) is granted.
It is further ordered that the Clerk of Court shall enter final judgment accordingly
and close this case.

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DATED THIS 10th day of September, 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE