Cross v. Baker et al, No. 3:2013cv00125 - Document 7 (D. Nev. 2013)

Court Description: ORDER DISMISSING CASE. All pending motions are DENIED and this action shall be DISMISSED with prejudice as untimely. The Clerk of Court shall enter final judgment accordingly, dismissing this action with prejudice. Signed by Judge Howard D. McKibben on 05/13/2013. (Copies have been distributed pursuant to the NEF - KR)
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Cross v. Baker et al Doc. 7 1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 AARON M. CROSS, 8 3:13-cv-00125-HDM-WGC Petitioner, 9 vs. 10 11 12 ORDER RENE BAKER, et al., Respondents. 13 14 Petitioner has not responded to the Court’s prior show-cause order (#6). The order 15 directed petitioner to show cause in writing why the petition should not be dismissed with 16 prejudice as untimely. The order set forth the relevant procedural background in detail, as 17 to a petition that was filed more than a decade after the federal limitation period had expired 18 absent tolling or delayed accrual. The order further informed petitioner that if he did not timely 19 respond to the order, the petition would be dismissed with prejudice as time-barred without 20 further advance notice. 21 22 23 24 25 IT THEREFORE IS ORDERED that all pending motions are DENIED and that this action shall be DISMISSED with prejudice as untimely. The Clerk of Court shall enter final judgment accordingly, dismissing this action with prejudice. DATED: May 13, 2013. 26 27 28 ___________________________________ HOWARD D. MCKIBBEN United States District Judge Dockets.Justia.com