Carter v. People of the State California

Filing 21

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 7/24/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 7/24/2012)

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1 *E-Filed 7/24/12* 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN FRANCISCO DIVISION 6 7 CHARLES JOSEPH CARTER, Petitioner, 8 9 United States District Court For the Northern District of California 10 11 No. C 11-1242 RS (PR) ORDER OF DISMISSAL v. GARY SWARTHOUT, Warden, Respondent. / 12 13 This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a pro se 14 state prisoner. Pursuant to petitioner’s motion of voluntary dismissal (Docket No. 20), this 15 action is dismissed. See Fed. R. Civ. P. 41(a)(1) (“[A]n action may be dismissed by the 16 plaintiff without order of the court . . . by filing a notice of dismissal.”); Hamilton v. 17 Shearson-Lehman American Exp. Inc., 813 F.2d 1532, 1534–1536 (9th Cir. 1987) (Rule 18 41(a)(1)(I) does not require leave of court to dismiss the action). The dismissal is without 19 prejudice. See Fed. R. Civ. P. 41(a)(1). Petitioner’s request that this Court transfer the 20 action to a state appellate court is DENIED because this Court has no authority to transfer a 21 federal habeas action to a state court. If petitioner seeks review in that court, he must file an 22 action there. The order to show cause (Docket No. 19) is VACATED, and the parties are 23 relieved of the burdens that order imposed. The Clerk shall enter judgment in favor of 24 respondent, and close the file. 25 IT IS SO ORDERED. 26 27 DATED: July 24, 2012 RICHARD SEEBORG United States District Judge 28 No. C 11-1242 RS (PR) ORDER OF DISMISSAL

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