Gradford v. Mule Creek State Prison

Filing 8

ORDER Directing Clerk of Court to Close This Case 5 , 7 , signed by District Judge Dale A. Drozd on 5/16/2018: The Clerk of the Court is directed to close the case and administratively terminate any pending motions. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Petitioner,

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No. 1:18-cv-00279-DAD-SKO

v.

ORDER DIRECTING CLERK OF COURT TO
CLOSE THIS CASE

MULE CREEK STATE PRISON,
(Doc. Nos. 5, 7)

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On March 2, 2018, the assigned magistrate judge issued findings

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and recommendations recommending the case be dismissed due to petitioner’s failure to state a

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cognizable habeas claim. (Doc. No. 5.) On March 16, 2018, petitioner filed a notice stating that

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he has no objections to the findings and recommendations the magistrate judge issued, and

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requested the case be voluntarily dismissed without prejudice. Respondent has not yet been

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served and accordingly has not yet filed a responsive pleading. Pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A), a plaintiff in a civil action may dismiss that action without a court order

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by filing a notice of dismissal before the opposing party files a responsive pleading. Such a

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dismissal “is effective on filing and no court order is required” to dismiss the case. Comm’l

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Space Mgmt. Co. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999).

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Accordingly, the Clerk of the Court is directed to close the case and administratively

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terminate any pending motions.

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IT IS SO ORDERED.

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Dated:

May 16, 2018
UNITED STATES DISTRICT JUDGE

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