Ramon Peraita v. Warden Knowles
Filing
18
ORDER DISMISSING CASE by Judge Dale S. Fischer, re MOTION to Dismiss Case 15 JS-6 (jm)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. WARDEN KNOWLES, et al., Respondents. RAMON PERAITA, Petitioner, ) ) ) ) ) ) ) ) ) ) No. EDCV 08-1008 DSF (FFM) ORDER FOR DISMISSAL UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
On July 15, 2008, Ramon Peraita (hereinafter "Petitioner") initiated this action, pro se, by filing a "Petition for Writ of Habeas Corpus by a Person in State Custody" (hereinafter "Petition") in the United States District Court for the Eastern District of California. The Petition was transferred to and filed in this Court on July 24, 2008. On November 3, 2008, Petitioner filed a "Motion to Dismiss Writ of Habeas Corpus," asking the Court to dismiss the Petition without prejudice. The Court construes Petitioner's motion as a notice of dismissal. Because respondent has not filed an answer to the petition, pursuant to Fed.R.Civ.P. 41(a)(1) the notice is sufficient in and of itself to dismiss the Petition. /// /// ///
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IT IS THEREFORE ORDERED that the Petition is hereby dismissed without prejudice. DATED: 11-26-08 ______________________ DALE S. FISCHER United States District Judge Presented by:
___________________________ FREDERICK F. MUMM United States Magistrate Judge
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