Simpson v. The People of the State of California
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 CHARLES SIMPSON,
Case No. 1:14-cv-01660-LJO-BAM-HC
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ORDER DISMISSING THE PETITION FOR
WRIT OF HABEAS CORPUS WITHOUT
PREJUDICE (DOC. 1)
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Petitioner,
v.
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PEOPLE OF THE STATE OF
15 CALIFORNIA,
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Respondents.
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ORDER DISMISSING PETITIONER’S
MOTION FOR INJUNCTIVE RELIEF
(DOC. 2)
ORDER DIRECTING THE CLERK TO CLOSE
THE ACTION
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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
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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.
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Id.
Here, no answer or motion to dismiss has been served or filed.
7 Thus, Petitioner is entitled to dismissal.
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II.
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Accordingly, it is ORDERED that:
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1)
Disposition
Pursuant to Petitioner’s voluntary request, the petition
11 for writ of habeas corpus is DISMISSED without prejudice; and
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2)
Petitioner’s motion for injunctive relief is DISMISSED as
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3)
The Clerk is DIRECTED to close this action because this
15 order terminates the proceeding in its entirety.
16 IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill
December 6, 2014
UNITED STATES DISTRICT JUDGE
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