Martinez v. Cox, No. 3:2012cv00485 - Document 10 (D. Nev. 2013)

Court Description: ORDER DISMISSING CASE without prejudice. FURTHER ORDERED that a certificate of appealability is DENIED. Clerk shall send petitioner two copies each of an application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he submitted in this action. Clerk of Court shall enter final judgment accordingly in favor of respondents and against petitioner, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 02/20/2013. (Copies have been distributed pursuant to the NEF - KR)
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Martinez v. Cox Doc. 10 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 MIGUEL ALEJANDRO MARTINEZ, 10 Petitioner, 11 vs. 12 JAMES GREG COX, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) / 3:12-cv-00485-LRH-WGC ORDER 15 Petitioner Miguel Alejandro Martinez has submitted a petition for writ of habeas corpus, pursuant 16 to 28 U.S.C. § 2254. Petitioner appears to challenge the calculation of his sentence (see ECF #8). 17 However, he indicated on the face of his petition that he has not filed a direct appeal, nor a state 18 postconviction petition for a writ of habeas corpus. Accordingly, on November 30, 2012, the court 19 issued an order directing petitioner to show cause and file such proof he may have to demonstrate that 20 he has exhausted available state remedies (ECF #7). The court ordered petitioner to respond within 30 21 (thirty) days and expressly warned petitioner that if he was unable to demonstrate that he has exhausted 22 his state remedies, the petition would be dismissed. 23 More than the allotted time has passed, and petitioner has not responded to the court’s order in 24 any manner. Accordingly, the petition shall be dismissed, without prejudice to petitioner filing a new 25 petition, for failure to obey the court’s order. IT IS THEREFORE ORDERED that the petition is DISMISSED without prejudice for 26 27 failure to obey this court’s order. 28 // Dockets.Justia.com 1 IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as jurists of reason 2 would not find the court’s dismissal of this improperly commenced action without prejudice to be 3 debatable or incorrect. 4 IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies each of an 5 application form to proceed in forma pauperis for incarcerated persons and a noncapital Section 2254 6 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he 7 submitted in this action. 8 9 IT IS FURTHER ORDERED that the Clerk of Court shall enter final judgment accordingly in favor of respondents and against petitioner, dismissing this action without prejudice. 10 11 DATED this 20th day of February, 2013. 12 ___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2