Kirby v. Lewis

Filing 23

ORDER signed by Magistrate Judge Dale A. Drozd on 11/2/11 ORDERING that respondent shall notify this court, within 10 days, of any objection to the voluntary dismissal of this action.(Dillon, 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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RUDY GRANT KIRBY,

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Petitioner,

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No. CIV S-11-0962 KJM DAD P

vs.
GREG LEWIS, Warden,
Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se with this application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, has requested this action be dismissed without

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prejudice.
Accordingly, IT IS HEREBY ORDERED that respondent shall notify this court,

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within ten days, of any objection to the voluntary dismissal of this action. Should respondent fail

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to respond, petitioner's request will be granted pursuant to Fed. R. Civ. P. 41(a). See Rule 11,

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Rules Governing Habeas Corpus Cases Under Section 2254.

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DATED: November 2, 2011.

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DAD:md
kirb0962.159a