Prince v. Cate

Filing 9

ORDER granting 8 Motion to voluntarily dismiss 1 Petition signed by Magistrate Judge Michael J. Seng on 12/8/2011. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK PRINCE,
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Petitioner,
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v.
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MATTHEW CATE,
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Respondent.
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________________________________)

1:11-cv-01888-AWI-MJS HC
ORDER GRANTING PETITIONER’S
MOTION TO VOLUNTARILY DISMISS
PETITION
[Doc. 8]

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

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pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), Petitioner has consented to

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

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On December 7, 2011, Petitioner filed a motion to withdraw, without prejudice, his

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petition for writ of habeas corpus. (Mot., ECF No. 8.) Pursuant to Fed. Rule of Civ. Proc.

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41(a)(1) Petitioner may voluntarily dismiss the action without prejudice. (See Rule 12, Rules

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Governing Section 2254 Cases, “The Federal Rules of Civil Procedure, to the extent that they

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are not inconsistent with any statutory provisions or these rules, may be applied to a

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proceeding under these rules.”)

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

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

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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

December 8, 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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