Yeng v. Hill

Filing 17

ORDER GRANTING 16 Motion for Voluntary Dismissal of the Petition for Writ of Habeas Corpus; ORDER DISMISSING the Petition without Prejudice 1 and DIRECTING the Clerk to Close the Action,signed by District Judge Anthony W. Ishii on 03/03/2015. CASE CLOSED (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 XIONG YENG, Case No. 1:13-cv-01734-AWI-BAM-HC 12 ORDER GRANTING PETITIONER’S MOTION 13 14 Petitioner, v. 15 RICK HILL, Warden, 16 Respondent. FOR VOLUNTARY DISMISSAL OF THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. 16) ORDER DISMISSING THE PETITION WITHOUT PREJUDICE (DOC. 1) AND DIRECTING THE CLERK TO CLOSE THE ACTION 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is the Petitioner’s request for voluntary dismissal of the petition. I. Voluntary Dismissal of the Petition The named respondent has not appeared in the action. On December 23, 2014, Petitioner filed the instant motion for voluntary dismissal of the petition. Subject to other provisions of law, a petitioner may voluntarily dismiss an action without leave of court before service 1 1 by the adverse party of an answer or motion for summary judgment. 2 Fed. R. Civ. P. 41(a). Otherwise, an action shall not be dismissed 3 except upon order of the court and upon such terms and conditions as 4 the court deems proper. 5 Id. Here, no answer or motion to dismiss has been served or filed. 6 Thus, Petitioner is entitled to dismissal. 7 II. Disposition 8 Accordingly, it is ORDERED that, pursuant to Petitioner’s 9 voluntary dismissal, the petition for writ of habeas corpus is 10 DISMISSED without prejudice and the Clerk is DIRECTED to close this 11 action. 12 13 IT IS SO ORDERED. 14 Dated: March 3, 2015 15 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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