Johnson v. Coalinga State Prison

Filing 16

ORDER DISMISSING Petition For Writ of Habeas Corpus Pursuant to Petitioner's Notice of Voluntary Dismissal re 13 , signed by Chief Judge Anthony W. Ishii on 12/14/2010. CASE CLOSED. (Marrujo, C)

-SMS (HC) Johnson v. Coalinga State Prison

Doc. 16

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 COALINGA STATE PRISON, 13 Respondent. 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 On November 16, 2010, the petition was transferred to this Court from the United States 18 District Court for the Northern District of California. On December 1, 2010, this Court issued an 19 Order dismissing the petition with leave to amend. Petitioner filed a response to the Court's 20 order on December 6, 2010. In his response, Petitioner appears to disagree with the transfer of 21 the petition by the Northern District and states that he is not seeking habeas corpus relief and this 22 Court may close the action. The Court construes Petitioner's response as a request to voluntarily 23 dismiss the action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. 24 At this stage in the proceedings, Petitioner has the absolute right to dismiss the action, 25 without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 26 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court 27 no longer has jurisdiction over the petition. Id. 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

DAVID JOHNSON, Petitioner, v.

1:10-cv-02150-AWI-SMS (HC) ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO PETITIONER'S NOTICE OF VOLUNTARY DISMISSAL [Doc. 13] /

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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Petitioner's notice of voluntary dismissal filed on December 6, 2010.

IT IS SO ORDERED. Dated: 0m8i78 December 14, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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