Satterfield v. Cates et al

Filing 6

ORDER Granting Motion to Dimiss, signed by District Judge Lawrence J. O'Neill on 9/7/2010. CASE CLOSED.(Verduzco, M)

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(HC) Satterfield v. Cates et al Doc. 6 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. 2254. 17 Petitioner filed the instant petition on August 19, 2010. On August 30, 2010, he filed a 18 motion to dismiss the petition. He states the petition was erroneously filed in this Court. Pursuant to 19 Rule 41(a)(1) of the Federal Rules of Civil Procedure, an action may be dismissed by the petitioner 20 without order of court by filing a notice of dismissal at any time before the opposing party serves 21 either an answer or a motion for summary judgment. At this time, Respondent has not filed a formal 22 answer to the petition for writ of habeas corpus. 23 Accordingly, IT IS HEREBY ORDERED that the petition is DISMISSED without prejudice. 24 The Clerk of Court is DIRECTED to enter judgment and close the case. 25 IT IS SO ORDERED. 26 27 28 U . S . D is t r ic t C o u r t E. D . C a lifo r n ia UNITED STATES DISTRICT COURT LEWIS J. SATTERFIELD, ) ) Petitioner, ) ) v. ) ) ) JAMES D. HARTLEY, Warden, ) ) Respondent. ) ____________________________________) 1:10-CV-01497 LJO GSA HC ORDER GRANTING MOTION TO DISMISS [Doc. #4] Dated: b9ed48 September 7, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 1

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