Dubyak v. Curry

Filing 10

ORDER GRANTING PETITIONER'S MOTION FOR VOLUNTARY DISMISSAL. Signed by Judge Jeffrey S. White on 12/4/08. (jjo, COURT STAFF) (Filed on 12/4/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a prisoner of the State of California currently incarcerated at vs. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAMUEL ALLEN DUBYAK, Petitioner, BEN CURRY, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 08-0667 JSW (PR) ORDER GRANTING PETITIONER'S MOTION FOR VOLUNTARY DISMISSAL (Docket Nos. 6, 7) Correctional Training Facility in Soledad, California, filed this habeas corpus petition pursuant to 28 U.S.C. 2254 challenging the decision by the California Board of Parole Hearings to deny Petitioner parole. On August 21, 2008, Respondent moved to dismiss the petition as unexhausted (docket no. 6). In response, Petitioner moved to withdraw the petition to exhaust his claims (docket no. 7). Petitioner's request is GRANTED and this petition is hereby VOLUNTARY DISMISSED without prejudice. This terminates all pending motions (docket nos. 6, 7). IT IS SO ORDERED. DATED: December 4, 2008 JEFFREY S. WHITE United States District Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Samuel Allen Dubyak CTF-Central D54700 P.O. Box 689 Soledad, CA 93960-0689 Dated: December 4, 2008 v. BEN CURRY et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAMUEL ALLEN DUBYAK, Plaintiff, Case Number: CV08-00667 JSW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 4, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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