Cheung v. Sisto

Filing 22

ORDER signed by Magistrate Judge Dale A. Drozd on 07/18/11 ordering that this action is dismissed without prejudice. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK CHEUNG, Petitioner, 11 12 13 No. CIV S-09-3535 KJM DAD P vs. D.K. SISTO, Warden, Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has requested that this action be 16 17 dismissed. On July 6, 2011, respondent was granted ten days in which to file any objection to 18 petitioner’s request. That time has now passed and respondent has not objected to the requested 19 dismissal. Accordingly, IT IS HEREBY ORDERED that this action is dismissed without 20 prejudice. Fed. R. Civ. P. 41(a); see also Rule 11, Rules Governing Habeas Corpus Cases Under 21 Section 2254. 22 DATED: July 18, 2011. 23 24 25 DAD:8 cheung3535.159 26 1

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