Toscano v. Terhune

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/19/11 ordering this action is dismissed without prejudice and this case is closed pursuant to FRCP 41(a). (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSS TOSCANO,
Petitioner,

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vs.

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No. CIV S-02-2184 MCE EFB P

C. A. TERHUNE,
Respondent.

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ORDER
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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order dated March 10, 2003, before an answer

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was filed, this matter was administratively stayed to allow petitioner the opportunity to exhaust a

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claim in state court. On August 26, 2011, petitioner was ordered to show cause why this action

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should not be dismissed for failure to prosecute. On August 29, 2011, petitioner filed a request

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for voluntary dismissal of this action on the grounds that he was granted habeas relief in state

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court.

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Good cause appearing, IT IS HEREBY ORDERED that this action is dismissed without

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prejudice and this case is closed. See Fed. R. Civ. P. 41(a).

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DATED: October 19, 2011.

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