Clark v. Holland, Warden

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/17/15 ordering the clerk of the court shall withdraw the assignment of the District Judge in this action. This action is dismissed without prejudice. CASE CLOSED. (cc: GEB)(Plummer, M) Modified on 12/17/2015 (Plummer, M).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SEAN DEMETRIOUS CLARK,

12

No. 2:15-cv-2406 GEB CKD P

Petitioner,

13

v.

14

K. HOLLAND,

15

ORDER

Respondent.

16
17

Petitioner, a state prisoner proceeding pro se, has requested that this action be dismissed

18

without prejudice while he seeks leave from the Ninth Circuit Court of Appeals to file a

19

successive petition challenging his 1998 conviction. (ECF No. 6; see ECF No. 4.) Petitioner has

20

consented to this court’s jurisdiction to conduct all proceedings in this action. (ECF No. 5.)

21

Pursuant to Fed. R. Civ. P. 41(a), petitioner’s request shall be honored.

22

Accordingly, IT IS HEREBY ORDERED that:

23

1. The Clerk of Court shall withdraw the assignment of a district judge in this action; and

24

2. This action is dismissed without prejudice.

25

Dated: December 17, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

26
27
28

2 / clar2406.59