Stanfield v. Muniz

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/25/2018 DISMISSING this action pursuant to Fed.R.Civ.P. 41(a)(2) and the Clerk shall close this file. 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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EARL RICHARD STANFIIELD, JR.,

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Petitioner,

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No. 2:17-cv-2352-TLN-GGH

v.

ORDER

WILLIAM MUNIZ, Warden,

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Respondent.

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Petitioner appears in this habeas corpus matter pro se. On April 24, 2018 the court issued

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an Order to Show Cause directing petitioner to either explain why he failed to oppose

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respondent’s motion to dismiss or to file a statement of non-opposition to respondent’s motion to

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dismiss filed on February 9, 2018 at ECF No. 11. ECF No. 13.
On May 4, 2018 petitioner filed a letter response to the Order to Show Cause in which he

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stated he did not oppose the motion to dismiss and instead requested that his petition be dismissed

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with prejudice along with any other petitions he has pending. The court has determined that no

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petitions besides the one addressed here is currently active in this court. Because no Answer or

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Motion for Summary Judgment has been filed by respondent, petition’s letter functions as a self-

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executing dismissal under Federal of Civil Procedure 41(a)(1)(i).

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In light of the foregoing, and pursuant to Federal Rule of Civil Procedure 41(a)(2), IT IS
HEREBY ORDERED that:
The Clerk of the Court shall close this file.
Dated: May 25, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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