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