Billingsley v. Zuniga

Filing 11

ORDER Granting 10 Petitioner's Motion to Voluntarily Dismiss, signed by Magistrate Judge Michael J. Seng on 03/20/15. 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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1:15-cv-00279 LJO MJS HC
LAVOYCE R. BILLINGSLEY,

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

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v.

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[Doc. 10]

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ZUNGIA, Warden,
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 March 19, 2015, Petitioner filed a motion to withdraw, without prejudice, his

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petition for writ of habeas corpus. (Mot., ECF No. 10.) Pursuant to Fed. Rule of Civ.

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Proc. 41(a)(1), Petitioner may voluntarily dismiss the action without prejudice. (See Rule

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12, 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

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ORDERED that the petition is DISMISSED without prejudice. The Clerk of Court is

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DIRECTED to enter judgment and close the case.

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IT IS SO ORDERED.
Dated:

March 20, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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