Cross v. Williams

Filing 14

ORDER. IT IS ORDERED that 13 petitioner's Motion to Voluntarily Dismiss Petition for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge James C. Mahan on 7/13/17. (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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JERRY CROSS,

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Petitioner,

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vs.

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2:17-cv-00290-JCM-VCF

BRIAN WILLIAMS, SR., et al.,

ORDER
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Respondents.
_______________________________/

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In this habeas corpus action, brought pursuant to 28 U.S.C. § 2254 by Nevada prisoner Jerry

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Cross, the Court appointed counsel for Cross. See Order entered May 17, 2017 (ECF No. 7).

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Counsel -- the Federal Pubic Defender for the District of Nevada -- appeared for Cross on

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June 6, 2017 (ECF No. 9). The respondents appeared on May 18, 2017 (ECF No. 8). Cross was

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then granted until September 5, 2017, to file an amended habeas petition. See Order entered June 7,

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2017 (ECF No. 10).

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On July 10, 2017, Cross filed a motion for voluntary dismissal of this action. See Motion to

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Voluntarily Dismiss Petition for Writ of Habeas Corpus (ECF No. 13). Cross’ counsel states in the

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motion that Cross and his counsel agree that it is in Cross’ best interests to voluntarily dismiss this

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action. See id. Respondents have not yet answered or otherwise responded to Cross’ petition. See

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Fed. R. Civ. P. 41(a) (generally, a plaintiff may voluntarily dismiss an action without a court order

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before the opposing party serves either an answer or a motion for summary judgment). Therefore,

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the Court will grant Cross’ motion, and will dismiss this action.

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IT IS THEREFORE ORDERED that petitioner’s Motion to Voluntarily Dismiss Petition
for Writ of Habeas Corpus (ECF No. 13) is GRANTED.

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IT IS FURTHER ORDERED that this action is DISMISSED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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July 13, 2017.
Dated this _____ day of July, 2017.

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UNITED STATES DISTRICT JUDGE
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