(HC) Simpson v. CDCR, No. 1:2014cv00962 - Document 11 (E.D. Cal. 2014)
Court Description: ORDER GRANTING 10 Petitioner's Motion for Voluntary Dismissal of the Petition for Writ of Habeas Corpus; ORDER DISMISSING the Petition Without Prejudice, Dismissing 8 Pending Findings and Recommendations and 2 Motions as Moot, and Directing the Clerk to Close the Action signed by District Judge Anthony W. Ishii on 10/30/2014. CASE CLOSED. (Jessen, A)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 CHARLES SIMPSON, Case No. 1:14-cv-00962-AWI-SKO-HC 12 ORDER GRANTING PETITIONER’S MOTION FOR VOLUNTARY DISMISSAL OF THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. 10) Petitioner, 13 v. 14 15 CDCR, Respondent. 16 17 ORDER DISMISSING THE PETITION WITHOUT PREJUDICE (DOC. 1), DISMISSING PENDING FINDINGS AND RECOMMENDATIONS AND MOTIONS AS MOOT (DOCS. 2, 8), AND DIRECTING THE CLERK TO CLOSE THE ACTION 18 19 Petitioner is a state prisoner proceeding with a petition for 20 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before 21 the Court is the Petitioner’s request to withdraw the petition, 22 which the Court understands to be a motion for voluntary dismissal 23 of the petition. 24 I. 25 The named respondent has not appeared in the action. Voluntary Dismissal of the Petition 26 19, 2014, Petitioner filed a motion for injunctive relief. On June On 27 October 14, 2014, the Magistrate Judge filed findings and 28 recommendations to dismiss the petition for Petitioner’s failure to 1 1 respond to the Court’s orders regarding Magistrate Judge 2 jurisdiction. On October 29, 2014, Petitioner filed the instant 3 motion for voluntary dismissal of the petition. 4 Subject to other provisions of law, a petitioner may 5 voluntarily dismiss an action without leave of court before service 6 by the adverse party of an answer or motion for summary judgment. 7 Fed. R. Civ. P. 41(a). Otherwise, an action shall not be dismissed 8 except upon order of the court and upon such terms and conditions as 9 the court deems proper. 10 Id. Here, no answer or motion to dismiss has been served or filed. 11 Thus, Petitioner is entitled to dismissal. 12 II. Disposition 13 Accordingly, it is ORDERED that: 14 1) Petitioner’s motion for voluntary dismissal is GRANTED; and 15 2) The motion for injunctive relief as well as the findings 16 and recommendations are DISMISSED as moot; and 17 3) The petition for writ of habeas corpus is DISMISSED without 18 prejudice; and 19 4) The Clerk is DIRECTED to close this action because this 20 order terminates the proceeding in its entirety. 21 22 IT IS SO ORDERED. 23 Dated: October 30, 2014 24 SENIOR DISTRICT JUDGE 25 26 27 28 2
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