Richardson v. Shaffer et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 6/30/2017 GRANTING petitioner's 3 motion to withdraw; this action is DISMISSED without prejudice; and the Clerk shall mail the original copy of the petition to the petitioner. CASE CLOSED. (Yin, K)

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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 ROBERT RICHARDSON, 12 13 14 No. 2:17-cv-0984 AC P Petitioner, v. ORDER JENNIFER SHAFFER, et al., 15 Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, has requested that this action be dismissed. 18 The court will honor his request. Fed. R. Civ. P. 41(a); see also Rule 12, Rules Governing 19 Habeas Corpus Cases Under Section 2254. Petitioner requests that his petition be returned to 20 him. Given that the petitioner clearly intended this petition to be filed with the California Court 21 of Appeal for the Third District, the court will direct the Clerk of Court to return the original 22 petition. Accordingly, IT IS HEREBY ORDERED that: 23 1. Petitioner’s motion to withdraw (ECF No. 3) is granted; 24 1. This action is dismissed without prejudice; 25 2. The Clerk of Court shall mail the original copy of the petition to the petitioner. 26 27 28 DATED: June 30, 2017

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