Opinion
Civil Action No. 11-cv-02009-BNB
10-24-2011
DONALD OLOYEiA WALLIN, a.k.a. OLOYEA WALLIN, Applicant, v. VINCE EVERETT, Warden of KCCC, and COLORADO ATTORNEY GENERAL OFFICE, Respondents.
ORDER OF DISMISSAL
Applicant, Donald Oloyea Wallin, a.k.a. Oloyea Wallin, is a prisoner in the custody of the Colorado Department of Corrections at the Four Mile Correctional Facility in Cafion City, Colorado. Mr. Wallin initiated this action by filing a pleading titled "Motion for Stay and Abeyance Habeas Corpus Action Until Completion of the Colorado Appellate Court Review of the Criminal Action." On August 9, 2011, Magistrate Judge Boyd N. Boland entered an order instructing Mr. Wallin to cure a certain deficiency if he wished to pursue his claims. Magistrate Judge Boland specifically ordered Mr. Wallin to file an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254.
On September 9, 2011, Mr. Wallin filed a Motion for Extension of Time to cure the deficiency. Magistrate Judge Boland granted the extension allowing Mr. Wallin thirty days to comply. Mr. Wallin now has failed to cure the deficiency within the time allowed. The Court, therefore, will dismiss the action without prejudice. To the extent that Mr. Wallin is asking this Court to stay the instant action while he exhausts his state court remedies, the Court will deny the request. Accordingly, it is
ORDEREp that the Application is denied and the action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiency. It is
FURTHER ORDERED that Mr. Wallin's request to stay the action while he exhausts his state court remedies, Doc. No. 1, is denied.
DATED at Denver, Colorado, this 24th day of October, 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02009-BNB Oloyea D Wallin
Prisoner No. 111389
Four Mile Correctional Center
PO Box 300
Canon City, CO 81215
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on October 24, 2011.
GREGORY C. LANGHAM, CLERK
By ____________
Deputy Clerk