Williams v. DVI - Warden

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2011 ORDERING that this action is DISMISSED w/out prejudice pursuant to F.R.Civ.P. 41(a). CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JAMES WILLIAMS,
Petitioner,

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vs.

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No. 2:11-cv-1674 KJM KJN P

DVI-WARDEN,
Respondent.

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ORDER
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On August 16, 2011, this court recommended that this action be dismissed

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without prejudice based on petitioner’s failure to respond to the court’s order directing petitioner

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to file an application to proceed in forma pauperis, or pay the filing fee, or request the voluntary

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dismissal of this action without prejudice.1 (Dkt. No. 8.) On August 25, 2011, petitioner

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requested that this action be dismissed without prejudice. Accordingly, IT IS HEREBY

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ORDERED that this action is dismissed without prejudice. Fed. R. Civ. P. 41(a); see also Rule

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11, Rules Governing Habeas Corpus Cases Under Section 2254.

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DATED: October 18, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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will1674.159

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The court also advised petitioner that he must exhaust state court remedies prior to filing
a federal petition, and cautioned him that the habeas corpus statute imposes a one-year statute of
limitations period. (Dkt. No. 8 at 1, n.1.)