Beswetherick v. Haviland

Filing 8


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Beswetherick v. Haviland Doc. 8 1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARK D. BESWETHERICK, Petitioner, v. J. HAVILAND, warden, Respondent. / No. C 09-5425 SI (pr) ORDER OF DISMISSAL Petitioner has filed a "motion to withdraw writ of habeas corpus" in which he indicates that he wants to "abandon" his habeas petition without prejudice. Respondent has not yet filed a response to the petition. The court construes the motion to be a request for a voluntary dismissal, see Fed. R. Civ. P. 41(a), and GRANTS it. (Docket # 7.) This action is dismissed without prejudice. Petitioner is cautioned that if he wishes to commence another federal habeas action, he must act swiftly because there is a one-year statute of limitations, 28 U.S.C. 2244(d), for the filing of federal habeas petitions. IT IS SO ORDERED. DATED: September 1, 2010 SUSAN ILLSTON United States District Judge

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