Patterson v. Sullivan

Filing 11

ORDER DENYING Petitioner's Voluntary Motion to Dismiss Without Prejudice, Dismissing Case Without Prejudice, and Directing Clerk of Court to Close Case 10 , signed by Magistrate Judge Jeremy D. Peterson on 6/19/2018. (CASE CLOSED)(Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VESTER L. PATTERSON,

12

Petitioner,

13
14

v.
WILLIAM JOE SULLIVAN,

15
Respondent.

Case No. 1:18-cv-00705-LJO-JDP
ORDER DENYING PETITIONER’S
VOLUNTARY MOTION TO DISMISS
WITHOUT PREJUDICE, DISMISSING
CASE WITHOUT PREJUDICE, AND
DIRECTING CLERK OF COURT TO
CLOSE CASE
(Doc. No. 10)

16
17

Petitioner Vester L. Patterson is a state prisoner proceeding pro se with a petition for a

18

writ of habeas corpus under 28 U.S.C. § 2254. Petitioner moves to dismiss his petition without

19

prejudice.

20

Federal Rule of Civil Procedure 41(a)(1)(A)(i) governs notices of voluntary dismissal of

21

Section 2254 petitions before screening. See Rules Governing Section 2254 Cases, Rule 12;

22

Luna v. Kernan, 784 F.3d 640, 643 (9th Cir. 2015); Bhamani v. Apker, No. 1:17-cv-1572, 2018

23

WL 684896, at *1 (E.D. Cal. Feb. 1, 2018) (collecting cases). Under Rule 41(a)(1)(A)(i), “the

24

plaintiff may dismiss an action without a court order by filing. . . a notice of dismissal before the

25

opposing party serves either an answer . . . .” Voluntary dismissal under Rule 41(a)(1)(A)(i) is

26

automatic and requires no court order. See Fed. R. Civ. P. 41(a)(1)(A)(i); Luna, 784 F.3d at 643.

27

Here, petitioner has filed a motion to dismiss this case without prejudice before the court

28

has screened the petition. (Doc. No. 10.) Rule 41 is self-executing, so a motion to dismiss is
1

1

unnecessary. Accordingly, the court will deny the motion to dismiss but direct the clerk of the

2

court to close the case.

3

For these reasons,

4

1.

5

Petitioner Vester L. Patterson’s voluntary motion to dismiss the case without
prejudice (Doc. No. 10) is denied.

6

2.

Plaintiff has dismissed the case without prejudice.

7

3.

The clerk of the court is directed to close the case.

8
9
10

IT IS SO ORDERED.
Dated:

June 19, 2018

/s/

11

Jeremy D. Peterson

UNITED STATES MAGISTRATE JUDGE

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