Harrison v. California Board of Parole Hearings

Filing 17

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Vince Chhabria on 2/14/2018. The deputy clerk hereby certifies that on 2/14/2018 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 2/14/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

DAVID SCOTT HARRISON,
Petitioner,
v.

Case No. 17-cv-04795-VC (PR)
ORDER OF DISMISSAL WITHOUT
PREJUDICE
Re: Dkt. No. 16

CALIFORNIA BOARD OF PAROLE
HEARINGS, et al.,
Respondents.

Petitioner David Scott Harrison filed a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On January 18, 2018, the Court issued an order explaining that
the claims presented in the petition did not lie at the core of habeas corpus and should be filed, if
at all, in a civil rights action. The Court allowed Harrison to either (1) have his petition
construed as a civil rights complaint; or (2) withdraw his petition, in which case it would be
dismissed without prejudice so that, if Harrison wished, he could file his claims in a new civil
rights complaint.
On January 29, 2018, Harrison filed a notice that he wished to withdraw his petition and
to file a civil rights complaint after he exhausts administrative remedies. Accordingly, the
petition is dismissed without prejudice.

IT IS SO ORDERED.
Dated: February 14, 2018
______________________________________
VINCE CHHABRIA
United States District Judge