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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLENN O’CONNOR, 12 No. 2:17-cv-1704 KJN P Petitioner, 13 v. 14 J. LIZARRAGA, 15 ORDER Respondent. 16 17 Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 3, 2017, respondent filed a 19 motion to dismiss. On November 6, 2017, petitioner filed a response to the motion, stating that 20 he was unaware of the shift from habeas to civil rights for life prisoners seeking relief to a 21 disciplinary charge, as outlined in respondent’s motion, and he “would like to withdraw his 22 habeas petition.” (ECF No. 11 at 2.) Good cause appearing, petitioner’s request is granted, and 23 this action is dismissed without prejudice. Fed. R. Civ. P. 41(a). 24 In accordance with the above, IT IS HEREBY ORDERED that this action is dismissed 25 without prejudice. Fed. R. Civ. P. 41(a). 26 Dated: November 8, 2017 27 28 /ocon1704.dsm 1

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