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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT RICHARDSON,

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No. 2:17-cv-0984 AC P

Petitioner,
v.

ORDER

JENNIFER SHAFFER, et al.,

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Respondents.

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

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The court will honor his request. Fed. R. Civ. P. 41(a); see also Rule 12, Rules Governing

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Habeas Corpus Cases Under Section 2254. Petitioner requests that his petition be returned to

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him. Given that the petitioner clearly intended this petition to be filed with the California Court

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of Appeal for the Third District, the court will direct the Clerk of Court to return the original

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petition. Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner’s motion to withdraw (ECF No. 3) is granted;

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1.

This action is dismissed without prejudice;

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2.

The Clerk of Court shall mail the original copy of the petition to the petitioner.

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DATED: June 30, 2017