Comito v. Federal Bureau of Prisons et al

Filing 16

ORDER GRANTING 13 Petitioner's MOTION to Voluntarily DISMISS Petition, signed by Magistrate Judge John M. Dixon, Jr on 1/30/2009. CASE CLOSED. (Jessen, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 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 On December 29, 2008, Petitioner filed a motion to voluntary dismiss the habeas corpus 18 petition without prejudice. (Doc. 13). At this juncture, this action may not be dismissed by 19 Petitioner without order of the court. Fed.R.Civ.P. 41(a)(1). In accordance with Petitioner's 20 request for dismissal and no objection having been filed by Respondent, the Court deems it 21 proper to order this action dismissed. Fed.R.Civ. P. 41(a)(2). 22 Pursuant to Federal Rule of Civil Procedure 41(a)(2), this action is hereby dismissed 23 without prejudice. 24 IT IS SO ORDERED. 25 26 27 28 1 Dated: hlked6 January 30, 2009 /s/ John M. Dixon UNITED STATES MAGISTRATE JUDGE ROBERT COMITO, ) ) Petitioner, ) ) v. ) ) ) FEDERAL BUREAU OF PRISONS, et al., ) ) Respondents. ) ) 1:08-CV-01437 JMD HC ORDER GRANTING PETITIONER'S REQUEST TO VOLUNTARILY DISMISS PETITION

UNITED STATES DISTRICT COURT