Ballesteros-Duarte v. Brewer

Full title: LUIS BALLESTEROS-DUARTE, Petitioner, v. DAVID BREWER, Respondent.

Court: United States District Court, Eastern District of California

Date published: Jul 7, 2023

2:22-cv-1836 DAD AC P (E.D. Cal. Jul. 7, 2023)

Opinion

2:22-cv-1836 DAD AC P

07-07-2023

LUIS BALLESTEROS-DUARTE, Petitioner, v. DAVID BREWER, Respondent.

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

ORDER

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

Petitioner, a federal prisoner proceeding pro se, has requested that this action be dismissed. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, petitioner's request shall be honored.

Accordingly, IT IS HEREBY ORDERED that:

1. The May 23, 2023 findings and recommendations (ECF No. 5) are WITHDRAWN.

2. Petitioner's motion to dismiss the petition (ECF No. 6) is GRANTED.

3. This action is dismissed without prejudice. Fed.R.Civ.P. 41(a); see also Rules 1(b), 4, 28 U.S.C. foll. § 2254.

4. The Clerk of the Court is directed to close this case.