Torres v. Neven et al

Filing 62

ORDER. IT IS ORDERED that 59 petitioners motion for voluntary dismissal is granted, and the petition for writ of habeas corpus in this case is dismissed. IT IS FURTHER ORDERED that the Clerk of Court shall enter final judgment accordingly and close this case. Signed by Chief Judge Gloria M. Navarro on 2/15/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANGEL TORRES,

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Case No. 2:16-cv-00443-GMN-CWH
Petitioner,

v.

ORDER

DWIGHT NEVEN, et al.,
Respondents.

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This pro se habeas matter comes before the Court on petitioner’s motion to withdraw his

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petition (ECF No. 59). The Court construes the motion as a motion for voluntary dismissal.

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Respondents do not oppose. (ECF No. 61). Petitioner has not filed a reply, and the time for doing

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so has expired.

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Once the respondent has filed an answer, as respondents have done in this case, a petitioner

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may voluntarily dismiss his petition only by stipulation of the parties or pursuant to an order of the

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court. Fed. R. Civ. P. 41(a)(2). Because respondents have not opposed petitioner’s voluntary

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dismissal and because it is clear from the motion that petitioner understands there are potential

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legal consequences that may arise from dismissing his petition, the Court sees no reason to deny

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petitioner’s request. Accordingly, petitioner’s motion for voluntary dismissal (ECF No. 59) will

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be granted.

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In accordance with the foregoing, petitioner’s motion for voluntary dismissal (ECF No. 59)
is granted, and the petition for writ of habeas corpus in this case is dismissed.
It is further ordered that the Clerk of Court shall enter final judgment accordingly and close
this case.
IT IS SO ORDERED.
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DATED THIS ____ day of February 2019.
_________,

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GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE

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