Hayward v. LeGrand et al, No. 3:2014cv00246 - Document 6 (D. Nev. 2014)

Court Description: ORDERED that this action shall be DISMISSED without prejudice. FURTHER ORD that the # 5 Motion for appointment of counsel is DENIED as moot. Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Robert C. Jones on 7/29/2014. (Copies have been distributed pursuant to the NEF - DRM)
Download PDF
Hayward v. LeGrand et al Doc. 6 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 RODGER EINSTEIN HAYWARD, 3:14-cv-00246-RCJ-VPC 9 10 Petitioner, ORDER vs. 11 WARDEN LEGRAND, et al., 12 Respondents. 13 14 Petitioner neither has filed an amended petition nor responded to the show-cause 15 order within the time allowed. The prior order dismissed the petition without prejudice with 16 leave to amend, and the order further directed petitioner to show cause why the action was 17 not subject to dismissal as untimely and for lack of exhaustion. The order informed petitioner 18 that if he did not timely respond to the order, final judgment would be entered without further 19 advance notice dismissing the action. 20 IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice. 21 IT FURTHER IS ORDERED that petitioner’s motion (#5) for appointment of counsel 22 is DENIED as moot. See also #3, at 8 n.2 (interim finding declining to appoint counsel). 23 The Clerk of Court shall enter final judgment accordingly, dismissing this action without 24 prejudice. 25 DATED: July 29, 2014. 26 27 28 ___________________________________ ROBERT C. JONES United States District Judge Dockets.Justia.com