Giovana Aguilar v. Warden

Filing 18

ORDER DISMISSING ACTION WITHOUT PREJUDICE PER PETITIONER'S REQUEST by Judge George H. Wu, re RESPONSE to Motion to Dismiss; Withdrawal of 2241 Petition for Writ of Habeas Corpus 17 . In response to the dismissal motion, Petitioner filed a statement asking to voluntarily dismiss the action. (Docket # 17.) The request is GRANTED. The action will be dismissed without prejudice. Case Terminated. Made JS-6. (hr)

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JS-6

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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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GIOVANA AGUILAR,
Petitioner,

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v.

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16

Case No. ED CV 23-1526 (MRW)
ORDER DISMISSING ACTION
WITHOUT PREJUDICE PER
PETITIONER’S REQUEST

ELISEO RICOLCOL, Warden,
Respondent.

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1.

This is habeas corpus action under 28 U.S.C. § 2241 involving a

federal prisoner. The pro se petition alleges that the Bureau of Prisons
failed to properly determine Petitioner’s custody release date under the
First Step Act. (Docket # 1.)
2.

After the magistrate judge screened the petition, the

government moved to dismiss the action. (Docket # 6, 13.) The dismissal
motion explained and defended the BOP’s release date calculation. The
government also contended that Petitioner’s action was premature and
commenced without properly exhausting administrative remedies.

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3.

In response to the dismissal motion, Petitioner filed a

statement asking to voluntarily dismiss the action. (Docket # 17.)
4.

The request is GRANTED. The action will be dismissed

without prejudice.

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5.

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IT IS SO ORDERED.

The Clerk is directed to close the action.

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Dated: November 14, 2023

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_______________________________
HON. GEORGE H. WU
SENIOR U.S. DISTRICT JUDGE

Presented by:

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____________________________________
HON. MICHAEL R. WILNER
UNITED STATES MAGISTRATE JUDGE

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