Kirby v. Lewis

Filing 25

ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/11 ORDERING that this action is DISMISSED without prejudice pursuant to F.R.Civ.P. 41(a). CASE CLOSED. (Yin, K)

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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 RUDY GRANT KIRBY, 11 Petitioner, 12 13 vs. GREG LEWIS, Warden, Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has requested that this action be 16 17 No. CIV S-11-0962 KJM DAD P dismissed. Respondent does not oppose petitioner’s request. Accordingly, IT IS HEREBY ORDERED that this action is dismissed without 18 19 prejudice. Fed. R. Civ. P. 41(a); see also Rule 11, Rules Governing Habeas Corpus Cases Under 20 Section 2254. 21 DATED: November 22, 2011. 22 23 24 DAD:9 kirb0962.159 25 26 1

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