Simpson v. The People of the State of California

Filing 7

ORDER DISMISSING the Petition for Writ of Habeas Corpus Without Prejudice 1 ; ORDER DISMISSING Petitioner's Motion for Injunctive Relief 2 ; ORDER DIRECTING the Clerk to Close the Action, signed by District Judge Lawrence J. O'Neill on 12/6/14: The Clerk is DIRECTED to close this action because this order terminates the proceeding in its entirety. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 CHARLES SIMPSON, Case No. 1:14-cv-01660-LJO-BAM-HC 12 ORDER DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE (DOC. 1) 13 Petitioner, v. 14 PEOPLE OF THE STATE OF 15 CALIFORNIA, 16 Respondents. 17 ORDER DISMISSING PETITIONER’S MOTION FOR INJUNCTIVE RELIEF (DOC. 2) ORDER DIRECTING THE CLERK TO CLOSE THE ACTION 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 notice of voluntary dismissal of the petition. I. Voluntary Dismissal of the Petition The petition and a motion for injunctive relief were filed on October 20, 2014. action. The named respondent has not appeared in the On November 3, 2014, Petitioner filed a notice of withdrawal of both his petition and his motion. Subject to other provisions of law, a petitioner may 1 1 voluntarily dismiss an action without leave of court before service 2 by the adverse party of an answer or motion for summary judgment. 3 Fed. R. Civ. P. 41(a). Otherwise, an action shall not be dismissed 4 except upon order of the court and upon such terms and conditions as 5 the court deems proper. 6 Id. Here, no answer or motion to dismiss has been served or filed. 7 Thus, Petitioner is entitled to dismissal. 8 II. 9 Accordingly, it is ORDERED that: 10 1) Disposition Pursuant to Petitioner’s voluntary request, the petition 11 for writ of habeas corpus is DISMISSED without prejudice; and 12 2) Petitioner’s motion for injunctive relief is DISMISSED as 13 moot; and 14 3) The Clerk is DIRECTED to close this action because this 15 order terminates the proceeding in its entirety. 16 IT IS SO ORDERED. 17 18 Dated: /s/ Lawrence J. O’Neill December 6, 2014 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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