Daniel Rodriguez v. Francisco J Quintana
Filing
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ORDER SUMMARILY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS by Judge Dean D. Pregerson, re Petition for Writ of Habeas Corpus (2241) 1 . On May 26, 2011, petitioner filed a Notice of Voluntary Dismissal Pursuant to Federal Rules of Civil Procedure Rule 41(a) (Notice) voluntarily requesting the Court dismiss his Petition without prejudice. Accordingly, the Court GRANTS petitioners Notice and dismisses the Petition without prejudice. (mrgo)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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DANIEL RODRIGUEZ,
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Petitioner,
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vs.
FRANCISCO J. QUINTANA,
Warden,
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Respondent.
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Case No. CV 11-00916-DDP (DTB)
ORDER SUMMARILY DISMISSING
PETITION FOR WRIT OF HABEAS
CORPUS
On January 31, 2011, petitioner, who currently is incarcerated at the Federal
18 Correctional Institution located in Adelanto, California (“FCI-Adelanto”), filed a
19 Petition for Writ of Habeas Corpus by a Person in Federal Custody (“Pet.”) pursuant
20 to 28 U.S.C. § 2241. In his Petition, petitioner asserts that the Federal Bureau of
21 Prisons failed to credit him for time he served in Illinois state prison for state charges
22 dating back to April, 1998, and seeks an eight year reduction in his current federal
23 sentence. (Pet. at 3-5; Ans. Mem. at 1.) In accordance with the Court’s Order
24 Requiring Response to Petition, and after two extensions of time, respondent filed an
25 Answer to Petition for Writ of Habeas Corpus along with a supporting Memorandum
26 of Points and Authorities (“Ans. Mem.”) on April 27, 2011.
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On May 26, 2011, petitioner filed a Notice of Voluntary Dismissal Pursuant to
2 Federal Rules of Civil Procedure Rule 41(a) (“Notice”) voluntarily requesting the
3 Court dismiss his Petition without prejudice.
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Accordingly, the Court GRANTS petitioner’s Notice and dismisses the Petition
5 without prejudice.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
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8 DATED: September 15, 2011
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DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE
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Presented by:
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David T. Bristow
16 United States Magistrate Judge
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