Floyd v. Baca et al

Filing 15

ORDER that the petition ECF No. 4 is dismissed without prejudice; a certificate of appealability is denied; Clerk directed to enter judgment and close this case. Signed by Judge Miranda M. Du on 10/15/2018. (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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JAMES KENNETH FLOYD,

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Case No. 3:17-cv-00400-MMD-WGC
Petitioner,

ORDER

v.
WARDEN BACA, et al.,
Respondents.

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On September 10, 2018, this court granted in part Respondents’ motion to

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dismiss James Kenneth Floyd’s pro se petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254 (ECF No. 13). The Court determined that Floyd had failed to exhaust

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several grounds in state court. The Court directed Floyd to inform the Court whether he

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wished to: (1) voluntarily abandon the unexhausted claims in his federal habeas petition

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and proceed only on the exhausted claims; (2) return to state court to exhaust his

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unexhausted claims, in which case his federal habeas petition would be dismissed

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without prejudice; or (3) file a motion asking this Court to stay and abey his exhausted

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federal habeas claims while he returns to state court to exhaust his unexhausted claims.

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The Court advised petitioner to familiarize himself with the limitations periods for filing

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federal habeas petitions contained in 28 U.S.C. § 2244(d).

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Floyd has responded, and he indicates that he wishes the Court to dismiss this

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federal habeas petition without prejudice so he may return to state court to exhaust his

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unexhausted claims (ECF No. 14). Accordingly, his petition is dismissed without

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prejudice.

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It is therefore ordered that the petition (ECF No. 4) is dismissed without
prejudice.
It is further ordered that a certificate of appealability is denied.

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

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DATED THIS 15th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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