Davis v. Williams et al, No. 2:2010cv00603 - Document 4 (D. Nev. 2011)
Court Description: ORDER DISMISSING CASE without prejudice. The Clerk of court shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge James C. Mahan on 2/4/2011. (Copies have been distributed pursuant to the NEF - DXS)
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Davis v. Williams et al Doc. 4 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 ROGER DAVIS, 9 Petitioner, 2:10-cv-00603-JCM-LRL 10 vs. ORDER 11 12 13 BRIAN E. WILLIAMS, et al., Respondents. 14 15 In this habeas matter, the court’s accounting records, but not the docket sheet, reflect 16 that the filing fee has been paid. However, petitioner has commenced a second habeas 17 action with a more detailed and compliant petition challenging the same conviction, which has 18 been served for a response. It thus appears that petitioner has elected to pursue another 19 petition in lieu of the present one, which was deficient because petitioner sought to 20 incorporate a memorandum rather than state his claims in the petition itself. It would appear 21 on initial review that the second petition also was filed within the federal limitation period. 22 IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice. 23 The clerk of court shall enter final judgment accordingly, dismissing this action without 24 prejudice. 25 DATED: February 4, 2011. 26 27 28 ____________________________________ JAMES C. MAHAN United States District Judge Dockets.Justia.com
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