Light v. Rios

Filing 6

ORDER GRANTING 5 Motion to Dismiss; ORDER DIRECTING Clerk of Court to enter Judgment and Close Case; ORDER DECLINING ***ISSUANCE OF CERTIFICATE OF APPEALABILITY***, signed by Chief Judge Anthony W. Ishii on 08/16/2011. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES LAWRENCE LIGHT, JR.,
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Petitioner,
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v.
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H. A. RIOS, JR.,
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Respondent.
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____________________________________)

1:11-CV-01232 AWI GSA (HC)
ORDER GRANTING MOTION TO DISMISS
[Doc. #5]
ORDER DIRECTING CLERK OF COURT
TO ENTER JUDGMENT AND CLOSE CASE
ORDER DECLINING ISSUANCE OF
CERTIFICATE OF APPEALABILITY

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241.

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On July 26, 2011, Petitioner filed his habeas petition in this Court. Shortly thereafter, on

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August 10, 2011, he filed a motion to strike and withdraw his petition. Pursuant to Rule 41(a)(1) of

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the Federal Rules of Civil Procedure, a petitioner may dismiss an action without an order from the

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Court by filing a notice of dismissal before the respondent files an answer or motion for dismissal.

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Pursuant to Rule 12 of the Rules Governing Section 2254 Cases, the "Federal Rules of Civil

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Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules,

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may be applied to a proceeding under these rules." At this time, Respondent has not filed an answer

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to the petition for writ of habeas corpus. Pursuant to Rule 41(a)(1), this case has terminated.

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Accordingly, IT IS HEREBY ORDERED that Clerk shall CLOSE this case in light of

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Petitioner’s motion to strike, which the Court construes as a Rule 41(a)(1) voluntary dismissal.

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IT IS SO ORDERED.

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Dated:
ciem0h

August 16, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

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