-JFM (HC) Brown v. Hill, No. 2:2010cv03458 - Document 23 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge John F. Moulds on 5/25/2011 ORDERING that the 18 findings and recommendations are VACATED; pursuant to the stipulation of the parties, ptnr's 21 motion for voluntary dismissal is GRANTED; and this action is DISMISSED w/out prejudice. CASE CLOSED. (Yin, K)
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-JFM (HC) Brown v. Hill Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROWEE LEE BROWN, Petitioner, 11 12 vs. 13 No. 2:10-cv-3458 JAM JFM (HC) J.D. HARTLEY, 14 15 16 Respondent. ORDER / Petitioner is a state prisoner proceeding pro se with this application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. On March 25, 2011, this court issued findings and 18 recommendations recommending that this action be dismissed as barred by the statute of 19 limitations. On April 7, 2011, petitioner filed a motion for an extension of time to file objections 20 to the findings and recommendations, which was granted by order filed April 20, 2011. On May 21 12, 2011, petitioner filed a request for voluntary dismissal of this action without prejudice, 22 apparently to return to state court to develop and exhaust claims for relief. On May 18, 2011, 23 respondent filed a statement of non-opposition to the request. Therein, respondent affirmatively 24 states that he is not waiving any affirmative defense should petitioner return to federal court to 25 seek habeas corpus relief from the conviction and sentence challenged in this action. 26 1 Dockets.Justia.com 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 25, 2011 are vacated; 3 2. Pursuant to the stipulation of the parties, petitioner’s May 12, 2011 motion for 4 voluntary dismissal is granted; and 3. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(a); Rule 12, 5 6 28 U.S.C. foll. § 2254. 7 DATED: May 25, 2011. 8 9 10 11 12 /12/mp brow3458.159a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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