Tucker v. Warden

Filing 42

ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/2019 ORDERING respondent to notify this court, within 7 days, whether he has any objection to the dismissal of this action. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY ALLEN TUCKER,

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No. 2:18-cv-0035 TLN KJN P

Petitioner,

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v.

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JOSE GASTELO,

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ORDER

Respondent.

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Petitioner is a state prisoner, proceeding pro se, with an application for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On October 11, 2019, petitioner filed a motion to

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voluntarily withdraw this petition.

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Accordingly, IT IS HEREBY ORDERED that respondent notify this court, within seven

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days, whether he has any objection to the dismissal of this action. Should defendants fail to

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respond, petitioner’s request will be granted pursuant to Fed. R. Civ. P. 41(a)(2).

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Dated: November 4, 2019

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/cw/tuck0035.fb

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