O'Connor v. Lizarraga

Filing 12

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLENN O’CONNOR,

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No. 2:17-cv-1704 KJN P

Petitioner,

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v.

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J. LIZARRAGA,

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ORDER

Respondent.

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Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 3, 2017, respondent filed a

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motion to dismiss. On November 6, 2017, petitioner filed a response to the motion, stating that

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he was unaware of the shift from habeas to civil rights for life prisoners seeking relief to a

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disciplinary charge, as outlined in respondent’s motion, and he “would like to withdraw his

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habeas petition.” (ECF No. 11 at 2.) Good cause appearing, petitioner’s request is granted, and

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this action is dismissed without prejudice. Fed. R. Civ. P. 41(a).

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In accordance with the above, IT IS HEREBY ORDERED that this action is dismissed

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without prejudice. Fed. R. Civ. P. 41(a).

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Dated: November 8, 2017

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/ocon1704.dsm

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