Guanghan Li v. John F. Kelly et al

Filing 8

ORDER GRANTING PETITIONER'S REQUEST FOR VOLUNTARY DISMISSAL (Dkt. No. 7 ) by Magistrate Judge Suzanne H. Segal. Petitioner's Request is GRANTED and the action is dismissed without prejudice. (See document for complete details) Case Terminated. Made JS-6. (afe)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

SACV 17-0952 DSF (SS)

Title:

Guanghan Li v. John F. Kelly, et al.

DOCKET ENTRY:

Date: July 26, 2017
Page 1 of 1

ORDER GRANTING PETITIONER’S REQUEST FOR
VOLUNTARY DISMISSAL (Dkt. No. 7)

PRESENT:
HONORABLE SUZANNE H. SEGAL, UNITED STATES MAGISTRATE JUDGE
_Marlene Ramirez_

Deputy Clerk

_______None_______
Court Reporter/Recorder

__None__

Tape No.

ATTORNEYS PRESENT FOR PLAINTIFF:

ATTORNEYS PRESENT FOR DEFENDANTS:

None Present

None Present

PROCEEDINGS: (IN CHAMBERS)
On July 25, 2017, Petitioner in the above-referenced federal detainee habeas action
filed a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a) .
(Dkt. No. 7). Petitioner asks the Court to dismiss this action because Petitioner’s release
from custody has rendered the Petition moot. (Id. at 1). Pursuant to Bastidas v. Chappell,
791 F.3d 1155 (9th Cir. 2015), the Magistrate Judge has authority to grant the Request. See
id. at 1165 (“A magistrate judge’s order doing what a habeas petitioner has asked [i.e.,
granting a request for voluntary dismissal of two claims], against the backdrop of a proposed
motion to dismiss, does not equate to a dispositive order.”). Accordingly, Petitioner’s
Request is GRANTED and the action is dismissed without prejudice.
IT IS SO ORDERED.

MINUTES FORM
CIVIL-GEN

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Initials of Deputy Clerk mr