Fullmore v. McDonald

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/12/14 ; denying 11 Motion for remand. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID EDWARD FULLMORE,

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No. 2:14-cv-0614-EFB P

Petitioner,
v.

ORDER

McDONALD,
Respondent.

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Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. In light of respondent’s July 2, 2014 answer to petitioner’s

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application for a writ of habeas corpus (ECF No. 12), this matter stands submitted for decision.

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In a “motion for remand,” filed June 16, 2014, petitioner states that “[b]y error, he filed in

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this court,” and requests that these proceedings be remanded to the state courts. ECF No. 11.

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Petitioner’s request is denied. Because this action was not removed from state court in the first

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instance, it cannot be remanded to state court. See 28 U.S.C. § 1447(c). If, however, petitioner

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wishes to abandon this action, he may file a notice of voluntary dismissal in accordance with Rule

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41(a)(1) of the Federal Rules of Civil Procedure.

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So ordered.

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DATED: August 12, 2014.

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