Corrales v. Henley et al

Filing 18

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)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8

VALENTIN A. CORRALES,
Petitioner,

9
10
11
12

Case No. 3:24-cv-00071-MMD-CLB
ORDER

v.
JOHN HENLEY, et al.,
Respondents.

13
14

In this habeas case under 28 U.S.C. § 2254, Petitioner has filed a “Notice of

15

Voluntary Dismissal of This Action Without Prejudice.” (ECF No. 16.) Voluntary dismissals

16

are permitted Federal Rule of Civil Procedure 41(a)(1). See Am. Soccer Co. v. Score First

17

Enters., 187 F3d 1108, 1110 (9th Cir. 1999) (plaintiff's “absolute right” to dismiss his

18

action voluntarily before defendants serve an answer or a motion for summary judgment

19

leaves no role for the court to play); see also Hilton v. Braunskill, 481 U.S. 770, 776 n.5

20

(1987) (Federal Rules of Civil Procedure may be applied to habeas corpus petitions filed

21

under 28 USC § 2254 as long as they are not inconsistent with the Rules Governing

22

Habeas Corpus Cases Under § 2254).

23

It is therefore ordered that this case is dismissed without prejudice

24

DATED THIS 10th day of May 2024.

25
26
27
28

MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE