-VPC Villanueva v. Director, Nevada Department of Corrections et al, No. 3:2010cv00225 - Document 24 (D. Nev. 2012)
Court Description: ORDERED that P's # 23 Motion for voluntary dismissal is GRANTED and the petition is DISMISSED without prejudice. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 4/6/2012. (Copies have been distributed pursuant to the NEF - DRM) (Main Document 24 replaced on 4/9/2012) (DRM).
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-VPC Villanueva v. Director, Nevada Department of Corrections et al Doc. 24 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 ISIDRO VILLANUEVA, 9 Petitioner, 10 vs. 3:10-cv-00225-LRH-VPC ORDER 11 12 13 DIRECTOR, NEVADA DEPARTMENT OF CORRECTIONS, et al., Respondents. 14 15 16 This habeas matter under 28 U.S.C. § 2254 comes before the Court on petitioner’s motion (#23) for voluntary dismissal. 17 Petitioner Isidro Villanueva has sought to challenge his Nevada state conviction, pursuant to 18 a guilty plea, of lewdness with a child under fourteen years of age. His motion to dismiss the petition 19 without prejudice follows upon the Court’s holding that a number of grounds are unexhausted. To the 20 extent that the motion perhaps suggests that the Court “recommended” that petitioner dismiss and 21 exhaust grounds, the Court made no recommendation – in any respect – in its prior order. The Court 22 held that certain grounds were unexhausted, and it gave petitioner thirty days “within which to mail to 23 the Clerk for filing a motion for dismissal without prejudice of the entire petition, for partial dismissal 24 only of the unexhausted claims, and/or for other appropriate relief.” #20, at 6. The election as to what 25 relief to request was left entirely to petitioner, and this Court neither is petitioner’s legal advisor nor did 26 it advise petitioner how to proceed. In the motion before the Court, petitioner “moves . . . to dismiss 27 without prejudice his petition for writ of habeas corpus.” While the current petition will be dismissed 28 without prejudice, such a dismissal does not prevent dismissal of a later petition for untimeliness. Dockets.Justia.com 1 2 3 4 5 IT THEREFORE IS ORDERED that petitioner’s motion (#23) for voluntary dismissal is GRANTED and the petition is DISMISSED without prejudice. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. DATED this 6th day of April, 2012. 6 7 ____________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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