Roberto Macias v. Michael Martel et al
Filing
23
ORDER DISMISSING CASE by Judge Philip S. Gutierrez re REQUEST to Dismiss Case 22 . On June 17, 2010, Petitioner filed a petition for writ of habeas corpus. On June 27, 2013, Petitioner filed a request to dismiss the petition because it is moot. On July 29, 2013, Petitioner filed a Notice "request[ing]... the court to dismiss the action with prejudice." IT IS HEREBY ORDERED that the action is DISMISSED with prejudice pursuant to Rule 41. (See Order for details.) (mp)
<![CDATA[
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
ROBERTO MACIAS,
12
Petitioner,
13
14
v.
MICHAEL MARTEL, Warden,
15
Respondent.
16
17
)
)
)
)
)
)
)
)
)
)
)
)
NO. SACV 10-874-PSG (AGR)
ORDER DISMISSING CASE
On June 17, 2010, Petitioner filed a petition for writ of habeas corpus. On
18
19
May 23, 2013, the magistrate judge filed a Report recommending that the petition
20
be denied and the action dismissed with prejudice. (Dkt. No. 18.) Objections
21
were due on June 17, 2013. (Dkt. No. 19.)
In 2008, Petitioner was convicted of possession of drugs for sale and
22
23
sentenced to 25 years to life pursuant to California's Three Strikes law. (Report
24
at 2.)
25
On June 27, 2013, Petitioner filed a request to dismiss the petition because
26
it is moot. Petitioner states that his sentence was “re-called under Prop. 36” and
27
that he was resentenced to a determinate sentence of 14 years, 4 months.
28
1
The magistrate judge construed Plaintiff's request as a motion to dismiss
2
pursuant to Fed. R. Civ. P. 41. (Dkt. No. 21.) Rule 41(a)(1) permits a plaintiff to
3
voluntarily dismiss an action without a court order if he files a notice before an
4
answer or he obtains a stipulation from all parties. Otherwise, pursuant to
5
subdivision (a)(2), “an action may be dismissed at the plaintiff's request only by
6
court order, on terms that the court considers proper.” The magistrate judge
7
ordered Petitioner to file a Notice whether he was seeking dismissal with or
8
without prejudice. (Dkt. No. 21.)
9
10
11
12
On July 29, 2013, Petitioner filed a Notice “request[ing] . . . the court to
dismiss the action with prejudice.”
IT IS HEREBY ORDERED that the action is DISMISSED with prejudice
pursuant to Rule 41.
13
14
15
DATED: August 6, 2013
PHILIP S. GUTIERREZ
United States District Judge
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
