Moss v. Filson et al

Filing 5

ORDER that the petition is DISMISSED; a certificate of appealability is denied; Clerk directed to enter judgment and close this case. Signed by Judge Howard D. McKibben on 10/19/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 CLINT B. MOSS, 10 Case No. 3:18-cv-00286-HDM-WGC Petitioner, ORDER v. 11 FILSON, et al., 12 Respondents. 13 14 On August 3, 2018, this court issued a show-cause order and directed petitioner 15 Clint B. Moss to demonstrate that his pro se 28 U.S.C. § 2254 petition for writ of habeas 16 corpus was timely filed or that he was entitled to equitable tolling (ECF No. 3). That 17 order was served on Moss at his address of record. The deadline to respond has 18 passed, and Moss has not filed a response or otherwise responded to the court’s order 19 in any way. Accordingly, this petition is dismissed for failure to respond to the show- 20 cause order. 21 IT IS THEREFORE ORDERED that the petition is DISMISSED. 22 IT IS FURTHER ORDERED that a certificate of appealability is denied. 23 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and 24 25 close this case. DATED: 19 October 2018. 26 27 HOWARD D. MCKIBBEN UNITED STATES DISTRICT JUDGE 28 1

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