Light, Jr. v. Rios, Jr.

Filing 9

ORDER Granting Petitioner's Motion To Voluntarily Dismiss Petition (Doc. 8 ), signed by Magistrate Judge Michael J. Seng on 9/28/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES L. LIGHT, JR.,
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Petitioner,
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v.
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HECTOR A. RIOS, JR.,
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Respondent.
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________________________________)

1:11-cv-01274-MJS HC
ORDER GRANTING PETITIONER’S
MOTION TO VOLUNTARILY DISMISS
PETITION
[Doc. 8]

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2241. Pursuant to 28 U.S.C. § 636(c)(1), Petitioner has

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consented to the jurisdiction of the United States Magistrate Judge. Local Rule 305(b).

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Petitioner filed the instant petition on August 1, 2011. (Pet., ECF No. 1.) On September

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26, 2011, prior to the case being screened by the Court pursuant to Rule 4 of the Rules

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Governing Section 2254 Cases1, Petitioner filed a motion to withdraw the petition for writ of

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The Rules Governing Section 2254 Cases m ay be applied to petitions for writ of habeas corpus other
than those brought under § 2254 at the Court’s discretion. See, Rule 1(b) of the Rules Governing Section 2254
Cases. Civil Rule 81(a)(4) provides that the rules “apply to proceedings for habeas corpus . . . to the extent that
the practice in such proceedings is not specified in a federal statute, the Rules Governing Section 2254 Cases,
or the Rules Governing 2255 Cases; and has previously conform ed to the practice in civil actions.” Fed. R. Civ.
P. 81(a)(4).

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

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habeas corpus. (Mot., ECF No. 8.)

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The federal courts have a duty to construe pro se pleadings liberally. Hamilton v. United

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States, 67 F.3d 761, 764 (9th Cir.1995) (citing Hughes v. Rowe, 449 U.S. 5, 9 (1980)

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(quotation omitted)). Consistent with such duty, the Court will construe Petitioner's motion to

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withdraw as a motion pursuant to Federal Rules of Civil Procedure 41(a)(1) to voluntarily

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dismiss the action without prejudice. (See Rule 12, Rules Governing Section 2254 Cases,

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“The Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any

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statutory provisions or these rules, may be applied to a proceeding under these rules.”)

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Accordingly, good cause having been presented to the Court, IT IS HEREBY

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ORDERED that the petition is DISMISSED without prejudice. The Clerk of Court is DIRECTED

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to enter judgment and close the case.

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IT IS SO ORDERED.

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Dated:
ci4d6

September 28, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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

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