O'Connor v. Lizarraga
ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/2017 DISMISSING this action without prejudice pursuant to Fed.R.Civ.P. 41(a). CASE CLOSED (Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-1704 KJN P
Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 3, 2017, respondent filed a
motion to dismiss. On November 6, 2017, petitioner filed a response to the motion, stating that
he was unaware of the shift from habeas to civil rights for life prisoners seeking relief to a
disciplinary charge, as outlined in respondent’s motion, and he “would like to withdraw his
habeas petition.” (ECF No. 11 at 2.) Good cause appearing, petitioner’s request is granted, and
this action is dismissed without prejudice. Fed. R. Civ. P. 41(a).
In accordance with the above, IT IS HEREBY ORDERED that this action is dismissed
without prejudice. Fed. R. Civ. P. 41(a).
Dated: November 8, 2017
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