Ruchell Cinque Magee v. J. Gastello

Filing 10

ORDER FOR DISMISSAL OF PETITION WITHOUT PREJUDICE by Judge Andre Birotte Jr, re Statement 9 : Case Terminated. On or about July 24, 2017, Petitioner Ruchell Cinque Magee filed a document entitled Demand Dismissal of Writ of Habeas Corpus. The Court construes Petitioner's request as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). Because Respondent has not filed a response to the Petition, the notice is sufficient in and of itself to dismiss the action without further order of this Court. IT IS THEREFORE ORDERED that this action is hereby dismissed without prejudice. Made JS-6. (jm)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 RUCHELL CINQUE MAGEE, 11 12 13 Petitioner, v. J. GASTELLO, 14 Respondent. 15 16 ) ) ) ) ) ) ) ) ) ) No. CV 17-5165 AB (FFM) ORDER FOR DISMISSAL OF PETITION WITHOUT PREJUDICE On or about July 24, 2017, Petitioner Ruchell Cinque Magee filed a 17 document entitled Demand Dismissal of Writ of Habeas Corpus. The Court 18 construes Petitioner’s request as a notice of dismissal pursuant to Federal Rule of 19 Civil Procedure 41(a)(1). Because Respondent has not filed a response to the 20 Petition, the notice is sufficient in and of itself to dismiss the action without 21 further order of this Court. 22 23 IT IS THEREFORE ORDERED that this action is hereby dismissed without prejudice. 24 25 DATED: August 17, 2017 26 27 28 Presented by: /S/ FREDERICK F. MUMM FREDERICK F. MUMM United States Magistrate Judge _______________________ ANDRÉ BIROTTE JR. United States District Judge

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