(HC) Smith v. People Of California et al, No. 2:2010cv00070 - Document 12 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 5/27/2010 VACATING the 9 findings and recommendations; and GRANTING petitioner's 10 motion to voluntarily dismiss this action w/out prejudice. CASE CLOSED. (Yin, K)
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(HC) Smith v. People Of California et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW ROBERT SMITH, Petitioner, 11 vs. 12 13 No. CIV S-10-0070 WBS DAD P PEOPLE OF CALIFORNIA, et al., Respondents. 14 ORDER / 15 16 Petitioner is a state prisoner proceeding pro se with an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. On April 22, 2010, the court issued findings and 18 recommendations, recommending that this action be dismissed without prejudice for failure to 19 file an amended petition. On May 12, 2010, petitioner moved to voluntary dismiss this action. 20 Respondents have not filed any objections. The court will therefore honor petitioner’s request 21 for voluntary dismissal. See Fed. R. Civ. P. 41(a). 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The court’s April 22, 2010 findings and recommendations (Doc. No. 9) are 24 vacated; and 25 ///// 26 ///// 1 Dockets.Justia.com 2. Petitioner’s May 12, 2010 motion to voluntarily dismiss this action without 1 2 prejudice (Doc. No. 10) is granted. 3 DATED: May 27, 2010. 4 5 6 DAD:sj smit0070.159a(2) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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