Kler v. Board of Prison Terms et al

Filing 25

ORDER signed by Judge Frank C. Damrell, Jr on 9/16/2009 ORDERING that 24 Objections to Findings and Recommendations filed by Kuldip S. Kler are construed as a request for voluntary dismissal and, so construed, the request is GRANTED. 21 Request to stay filed by Board of Prison Terms is denied as unnecessary. Clerk is directed to enter judgment and close this case. CASE CLOSED. (Waggoner, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. BOARD OF PRISON TERMS, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole in 2005. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On August 21, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Petitioner responded to the findings and recommendations by filing a document entitled "Objections to Magistrate Judge's Findings and Recommendations" in which he states that the California Court of Appeal granted habeas relief with respect to 1 KULDIP S. KLER, Petitioner, ORDER No. CIV S-06-1919-FCD-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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petitioner's challenge of the denial of parole in 2007. A new parole suitability hearing has been set for September 18, 2009. Petitioner asks the court to "drop his habeas corpus writ." The court construes petitioner's filing as a request for voluntary dismissal of this action and, so construed, the request will be granted. See Fed. R. Civ. P. 41(a)(2). Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's document entitled "Objections to Magistrate Judge's Findings

and Recommendations" (Doc. 24) is construed as a request for voluntary dismissal and, so construed, the request is granted; 2. and 3. this file. DATED: September 16, 2009. The Clerk of the Court is directed to enter judgment of dismissal and close Respondents' request to stay these proceedings is denied as unnecessary;

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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