New v. Nooth

Filing 17

ORDER: Petitioner's motion to voluntary dismiss 16 is GRANTED. This proceeding is DISMISSED, without prejudice. Signed on 10/27/2014 by Judge Malcolm F. Marsh. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
2:14-cv-01202-MA

DAVID BRIAN NEW,
Petitioner,

ORDER

v.
MARK NOOTH,
Respondent.
MARSH, Judge
Petitioner's motion to voluntary dismiss
This

proceeding

is

DISMISSED,

without

(#16)

prejudice.

is GRANTED.
Because

petitioner has not made a substantial showing of the denial of a
constitutional right,
See 28 U.S.C.

§

a certificate of appealability is DENIED.

2253(c) (2).

IT IS SO ORDERED.
DATED this

'i:7

day of October, 2014.

~~

;;::~--"

Malcolm F. Marsh
'
United States District Judge

1 - ORDER