Opinion
3:18CV174-NBB-DAS 3:20CV75-DMB-RP
09-14-2021
JIMMY T. BROWN PETITIONER v. WARDEN JOSH DAVIS RESPONDENT JIMMY T. BROWN PETITIONER v. WARDEN JOSH DAVIS RESPONDENT
ORDER DISMISSING PETITION WITHOUT PREJUDICE FOR FAILURE TO EXHAUST STATE REMEDIES
NEAL B. BIGGERS SENIOR U.S. DISTRICT JUDGE.
The court issued an order [17] holding the instant case in abeyance to give the petitioner a chance to exhaust his state remedies so that he may proceed in federal court with the instant petition for a writ of habeas corpus. The order set a deadline of 60 days from its date for the petitioner to file a notice to inform the court whether he intends to properly exhaust his claims in state court. That deadline expired on September 7, 2021, and the petitioner has not filed such a notice with the court. As such, in accordance with the court's previous order [17], the STAY of this case is LIFTED, and the instant petition for a writ of habeas corpus is DISMISSED without prejudice for failure to exhaust state remedies.
SO ORDERED.