Corrales v. Henley et al
Filing
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ORDER - It is therefore ordered that this case is dismissed without prejudice. Signed by Chief Judge Miranda M. Du on 5/10/2024. (Copies have been distributed pursuant to the NEF - DLS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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VALENTIN A. CORRALES,
Petitioner,
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Case No. 3:24-cv-00071-MMD-CLB
ORDER
v.
JOHN HENLEY, et al.,
Respondents.
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In this habeas case under 28 U.S.C. § 2254, Petitioner has filed a “Notice of
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Voluntary Dismissal of This Action Without Prejudice.” (ECF No. 16.) Voluntary dismissals
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are permitted Federal Rule of Civil Procedure 41(a)(1). See Am. Soccer Co. v. Score First
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Enters., 187 F3d 1108, 1110 (9th Cir. 1999) (plaintiff's “absolute right” to dismiss his
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action voluntarily before defendants serve an answer or a motion for summary judgment
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leaves no role for the court to play); see also Hilton v. Braunskill, 481 U.S. 770, 776 n.5
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(1987) (Federal Rules of Civil Procedure may be applied to habeas corpus petitions filed
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under 28 USC § 2254 as long as they are not inconsistent with the Rules Governing
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Habeas Corpus Cases Under § 2254).
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It is therefore ordered that this case is dismissed without prejudice
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DATED THIS 10th day of May 2024.
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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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