Anderson v. Eighth Judicial District Court et al

Filing 12

ORDER that Petitioner's request for leave to file memorandum of points and authorities (ECF No. 10 ) is denied as moot; this action is dismissed without prejudice; Clerk directed to enter judgment and close this action; a certificate of appealability will not issue. Signed by Chief Judge Miranda M. Du on 11/6/2019. (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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BLAKE L. ANDERSON,

Case No. 3:19-cv-00139-MMD-CBC
Petitioner,

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ORDER

v.
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WARDEN BRIAN WILLIAMS, et al.,
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Respondents.
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The Court directed Petitioner to show cause why this action should not be

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dismissed for lack of exhaustion because his direct appeal from his state-court judgment

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of conviction was pending (ECF No. 8). See Sherwood v. Tomkins, 716 F.2d 632, 634 (9th

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Cir. 1983). Petitioner has not filed a response to the Court’s order within the allotted time.

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The Court’s review of the on-line docket of the Nevada Supreme Court shows that his

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direct appeal still is pending. Anderson v. State, No. 75776. 1 The Court will therefore

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dismiss this action. Petitioner’s request for leave to file memorandum of points and

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authorities (ECF No. 10) is therefore moot. Further, because the Court finds that

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Reasonable jurists would not find the Court’s decision to be debatable or wrong, the Court

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will not issue a certificate of appealability.
It is therefore ordered that Petitioner’s request for leave to file memorandum of

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points and authorities (ECF No. 10) is denied as moot.
It is further ordered that this action is dismissed without prejudice for Petitioner’s

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failure to exhaust his state-court remedies.
The Clerk of the Court is directed to enter judgment accordingly and close this

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action.

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///

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1http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=46014

generated November 5, 2019).

(report

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It is further ordered that a certificate of appealability will not issue.

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DATED THIS 6th day of November 2019.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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