Hughes v. Skolnik et al, No. 3:2010cv00165 - Document 3 (D. Nev. 2010)

Court Description: ORDER DISMISSING CASE without prejudice. Clerk shall enter final judgment accordingly. Signed by Judge Howard D. McKibben on 3/25/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Hughes v. Skolnik et al Doc. 3 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 CHET HUGHES, 9 Petitioner, 3:10-cv-00165-HDM-RAM 10 vs. 11 ORDER 12 13 DIR. SKOLNIK, NDOC, et al. Respondents. 14 15 Petitioner, a Nevada state inmate, has filed a habeas petition seeking to challenge a 16 Nevada state detainer. Petitioner did not pay the filing fee or file an application to proceed 17 in forma pauperis. 18 It further appears from the papers presented that petitioner has not exhausted his 19 federal claims in the state courts. A habeas petitioner first must exhaust his state court 20 remedies on a claim before presenting that claim to the federal courts. To satisfy this 21 exhaustion requirement, the claim must have been fairly presented to the state courts 22 completely through to the highest court available, in this case the Supreme Court of Nevada. 23 E.g., Peterson v. Lampert, 319 F.3d 1153, 1156 (9th Cir. 2003)(en banc). 24 25 26 IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. DATED: March 25, 2010. 27 28 ___________________________________ HOWARD D. MCKIBBEN United States District Judge Dockets.Justia.com