Richards v. Nolls
Filing
7
ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/14/10. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/15/2010)
<![CDATA[
Richards v. Nolls
Doc. 7
1 2 3 4 5 6 7 8 9 10 DANIEL RICHARDS, Petitioner, v. A. NOLL, Warden, Respondent. / No. C 10-3007 WHA (PR) ORDER OF DISMISSAL; GRANTING PETITIONER'S MOTION FOR VOLUNTARY DISMISSAL (Docket No. 5) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent filed a motion to dismiss on the grounds that the petition failed to state a cognizable claim for relief. As the court had already found otherwise, respondent's motion was denied, and respondent was again ordered to show cause why the petition should not be granted. On the same day that the order denying respondent's motion was entered, plaintiff filed a "statement of non-opposition" to respondent's motion to dismiss. For the reasons discussed in the order denying the motion, the motion must be denied whether or not petitioner opposes it because it has no merit. However, in his statement of non-opposition, petitioner also requests on his "own motion." to "set aside and or dismiss" the present action and "any and all other matters pending" in this court. Good cause appearing, petitioner's request to voluntarily dismiss this action (docket number 5) is GRANTED, and this case is DISMISSED pursuant to Rule
Dockets.Justia.com
1 2 3 4 5 6 7 8 9 10
41 of the Federal Rules of Civil Procedure. A review of the court's records reveals that petitioner has no pending cases other than the instant case. The Clerk shall enter judgment and close the file. IT IS SO ORDERED.
Dated: December
14 , 2010.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
G:\PRO-SE\WHA\HC.10\RICHARDS3007.DSM.wpd
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
