Garcia v. Baca, 3:17-cv-00507-MMD-WGC. (2019)
Court: District Court, D. Nevada
Number: infdco20190501f25
Visitors: 2
Filed: Apr. 26, 2019
Latest Update: Apr. 26, 2019
Summary: ORDER MIRANDA M. DU , District Judge . On January 22, 2019, the Court concluded that the petition in this case asserts both exhausted and unexhausted claims. It accordingly directed Petitioner to elect within thirty days how he would like to proceed on his mixed petition. (ECF No. 24.) Petitioner has failed to respond to the Court's order, and the time for doing so has expired. The Court lacks jurisdiction to consider a mixed petition. Rose v. Lundy, 455 U.S. 509 , 510 (1982). It is the
Summary: ORDER MIRANDA M. DU , District Judge . On January 22, 2019, the Court concluded that the petition in this case asserts both exhausted and unexhausted claims. It accordingly directed Petitioner to elect within thirty days how he would like to proceed on his mixed petition. (ECF No. 24.) Petitioner has failed to respond to the Court's order, and the time for doing so has expired. The Court lacks jurisdiction to consider a mixed petition. Rose v. Lundy, 455 U.S. 509 , 510 (1982). It is ther..
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ORDER
MIRANDA M. DU, District Judge.
On January 22, 2019, the Court concluded that the petition in this case asserts both exhausted and unexhausted claims. It accordingly directed Petitioner to elect within thirty days how he would like to proceed on his mixed petition. (ECF No. 24.) Petitioner has failed to respond to the Court's order, and the time for doing so has expired. The Court lacks jurisdiction to consider a mixed petition. Rose v. Lundy, 455 U.S. 509, 510 (1982).
It is therefore ordered that the petition in this action is dismissed without prejudice. The Clerk of Court is directed to enter final judgment accordingly and close this case.
Source: Leagle
