Alfieri v. Collins

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 11/08/17 ORDERING this action is dismissed without prejudice. The clerk of court is directed to close this case. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFEREY W. ALFIERI, 12 Petitioner, 13 14 No. 2:16-cv-02668 MCE AC P v. ORDER MR. COLLINS, Warden, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 19 filed pursuant to 28 U.S.C. § 2241. See ECF No. 1. On July 23, 2017, respondent filed and 20 served a motion to dismiss this action for lack of jurisdiction. See ECF No. 20. The court 21 accorded petitioner extended time to file an opposition or statement of opposition to the motion. 22 See ECF Nos. 21, 22. The court informed petitioner that “[f]ailure to file an opposition will be 23 construed as petitioner’s consent to have this action dismissed without prejudice pursuant to 24 Federal Rule of Civil Procedure 41(b).” See ECF No. 21 at 2. Petitioner now requests that this 25 action be dismissed. See ECF No. 24. 26 //// 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. This action is dismissed without prejudice pursuant to Rule 41(b), Federal Rules of 3 4 5 Civil Procedure; and 2. The Clerk of Court is directed to close this case. DATED: November 8, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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