Dynes v. Fresno Superior Court

Filing 10

ORDER GRANTING Petitioner's 9 Motion to Voluntarily Dismiss Petition; ORDER GRANTING 8 Motion to Return Court File, signed by Magistrate Judge Michael J. Seng on 12/11/2014. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
11

Case No. 1:14-cv-01796 MJS (HC)
JOHN RAY DYNES,

12
13

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

v.

ORDER GRANTING MOTION TO RETURN
COURT FILE

14
15
16

FRESNO SUPERIOR COURT,

[Docs. 8-9]

Respondent.

17
18
19

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

20

On December 4, 2014, Petitioner filed a motion for the return of his court file.

21

(ECF No. 8.) On December 8, 2014, Petitioner filed a motion to withdraw his petition for

22

writ of habeas corpus. (Mot., ECF No. 9.)

23

Pursuant to Fed. Rule of Civ. Proc. 41(a)(1), Petitioner may voluntarily dismiss the

24

action without prejudice without a court order if dismissal is requested before the

25

opposing party answers. (See Rule 12, Rules Governing Section 2254 Cases, “The

26

Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any

27

statutory provisions or these rules, may be applied to a proceeding under these rules.”)

28

Respondent has yet to file an answer in this matter.
1

1

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

2

ORDERED that the petition is DISMISSED without prejudice. The Court further directs

3

the Clerk of Court to serve Petitioner with a copy of the petition filed with this Court on

4

November 17, 2014. (Doc. 1.)

5
6
7
8

IT IS SO ORDERED.
Dated:

December 11, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2