Tully v. Davis

Filing 72

ORDER OF DISMISSAL re 68 . Signed by Judge Edward M. Chen on 1/7/2025. (afm, COURT STAFF) (Filed on 1/7/2025)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RICHARD TULLY,
Petitioner,

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vs.
RONALD DAVIS, Warden of San
Quentin State Prison,

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Respondent.
__________________________________

) CASE NO. 3:18-cv-04763-EMC
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) ORDER OF DISMISSAL
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) Honorable Edward M. Chen
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Petitioner Richard Tully, by and through counsel, has provided notice that his

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death sentence has been vacated and that he has been resentenced to a non-capital term of

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31 years to life in prison. Doc #67. Respondent sought this resentencing pursuant to an

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agreement with Petitioner. Id. As part of the agreement, petitioner agreed to withdraw all

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pending habeas claims and petitions.

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Pursuant to Federal Rule of Civil Procedure 41(a)(2), on November 15, 2024,

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petitioner filed a Motion to Voluntarily Dismiss His Petition for Writ of Habeas Corpus

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Petition. Doc #68.

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It is ORDERED that

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1.

The petition for writ of habeas corpus (Doc #26) is DISMISSED,

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2.

Any and all pending motions are DENIED as MOOT,

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3.

Any and all scheduled dates are VACATED, and

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4.

The Clerk is DIRECTED to close this case because this order terminates the

proceeding in its entirety.
IT IS SO ORDERED.

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Dated: January 7, 2025

Respectfully submitted,

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_______________________
HONORABLE EDWARD M. CHEN
Senior United States District Judge

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