Hayes v. Youngblood et al

Filing 10

ORDER Granting Petitioner's Motion For Voluntary Dismissal of Action and Directing Clerk of Court to Terminate Action signed by Judge Anthony W. Ishii on 2/2/2008. CASE CLOSED.(Esteves, C)

(HC) Hayes v. Youngblood et al

Doc. 10

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 YOUNGBLOOD, et.al., 13 Respondent. 14 15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2241. 17 Petitioner filed the instant petition for writ of habeas corpus on December 20, 2007. 18 (Court Doc. 1.) On January 10, 2008, the Court directed Respondent to file a response to the 19 petition. (Court Doc. 5.) 20 On January 24, 2008, Petitioner filed a motion to dismiss the instant petition because the 21 United States Parole Commission has given him an expedited revocation hearing and the pursuit 22 of the instant petition would result in a waste of the court's time. (Court Doc. 7.) 23 Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, "an action may be 24 dismissed by the [Petitioner] without order of court by filing a notice of dismissal at any time 25 before service by the adverse party of an answer or of a motion for summary judgment, 26 whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have 27 appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

VINCENT HAYES, Petitioner, v.

1:07-cv-01854 AWI DLB HC ORDER GRANTING PETITIONER'S MOTION FOR VOLUNTARY DISMISSAL OF ACTION AND DIRECTING CLERK OF COURT TO TERMINATE ACTION [Doc. 7] /

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dismissal is without prejudice, . . . ." Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, the "Federal Rules of Civil Procedure, to the extent that they are not inconsistent with these rules, may be applied, when appropriate, to petitions filed under these rules." At this time, although Respondent has been directed to file a response to the petition, the answer is not yet due and has not been filed. Accordingly, IT IS ORDERED that the petition BE DISMISSED without prejudice.

IT IS SO ORDERED. Dated: 0m8i78 February 2, 2008 /s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE

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