Tucker v. Warden

Filing 44

ORDER signed by Magistrate Judge Kendall J. Newman on 11/21/19 GRANTING 41 Petitioner's request. This action is dismissed without prejudice pursuant to FRCP 41(a). The clerk of court shall terminate all pending motions and close this action. CASE CLOSED. (Plummer, M)

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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, a state prisoner proceeding pro se, requested that this action be dismissed. On

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November 8, 2019, respondent filed a statement of non-opposition to the dismissal. Pursuant to

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Rule 41(a) of the Federal Rules of Civil Procedure, petitioner’s request shall be honored.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request (ECF No. 41) is granted.

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2. This action is dismissed without prejudice. Fed. R. Civ. P. 41(a); see also Rule 12,

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Rules Governing Habeas Corpus Cases Under Section 2254.
3. The Clerk of the Court shall terminate all pending motions and close this action.
Dated: November 21, 2019

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/tuck0035.159

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