(HC) Kler v. Board of Prison Terms et al, No. 2:2006cv01919 - Document 25 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 9/16/2009 ORDERING that 24 Objections to Findings and Recommendations filed by Kuldip S. Kler are construed as a request for voluntary dismissal and, so construed, the request is GRANTED. 21 Request to stay filed by Board of Prison Terms is denied as unnecessary. Clerk is directed to enter judgment and close this case. CASE CLOSED. (Waggoner, D)
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(HC) Kler v. Board of Prison Terms et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KULDIP S. KLER, Petitioner, 12 vs. 13 14 No. CIV S-06-1919-FCD-CMK-P ORDER BOARD OF PRISON TERMS, et al., 15 Respondents. 16 / 17 18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole in 2005. The matter 20 was referred to a United States Magistrate Judge pursuant to Eastern District of California local 21 rules. 22 On August 21, 2009, the Magistrate Judge filed findings and recommendations 23 herein which were served on the parties and which contained notice that the parties may file 24 objections within a specified time. Petitioner responded to the findings and recommendations by 25 filing a document entitled “Objections to Magistrate Judge’s Findings and Recommendations” in 26 which he states that the California Court of Appeal granted habeas relief with respect to 1 Dockets.Justia.com 1 petitioner’s challenge of the denial of parole in 2007. A new parole suitability hearing has been 2 set for September 18, 2009. Petitioner asks the court to “drop his habeas corpus writ.” The 3 court construes petitioner’s filing as a request for voluntary dismissal of this action and, so 4 construed, the request will be granted. See Fed. R. Civ. P. 41(a)(2). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Petitioner’s document entitled “Objections to Magistrate Judge’s Findings 7 and Recommendations” (Doc. 24) is construed as a request for voluntary dismissal and, so 8 construed, the request is granted; 9 2. Respondents’ request to stay these proceedings is denied as unnecessary; 3. The Clerk of the Court is directed to enter judgment of dismissal and close 10 and 11 12 this file. 13 DATED: September 16, 2009. 14 15 16 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2
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