Brown v. Thomas

Filing 7

ORDER Granting 6 Petitioner's Motion to Voluntarily Dismiss Petition, signed by Magistrate Judge Michael J. Seng on 8/29/13. CASE CLOSED. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-01290 MJS HC
JOSEPH A. BROWN,

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ORDER GRANTING PETITIONER’S
Petitioner, MOTION TO VOLUNTARILY DISMISS
PETITION

v.

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[Doc. 6]

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J.E. THOMAS,
Respondent.

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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 August 26, 2013, Petitioner filed a motion to withdraw, without prejudice, his

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petition for writ of habeas corpus. (Mot., ECF No. 6.) 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,

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

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extent that they are not inconsistent with any statutory provisions or these rules, may be

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applied to a proceeding under these rules.”)

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Accordingly, good cause having been presented to the Court, IT IS HEREBY
ORDERED that the petition is DISMISSED without prejudice.

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IT IS SO ORDERED.

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Dated:
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August 29, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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