Davis v. Lackner

Full title: TERRENCE J. DAVIS, Petitioner, v. HEIDI M. LACKNER, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 21, 2013

2:13-cv-0977 KJN P (E.D. Cal. Jun. 21, 2013)

Opinion

TERRENCE J. DAVIS, Petitioner, v. HEIDI M. LACKNER, Respondent. No. 2:13-cv-0977 KJN P United States District Court, E.D. California. June 21, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         On May 24, 2013, this court directed petitioner to submit an in forma pauperis application or pay the filing fee in order to pursue his petition for a writ of habeas corpus, filed May 17, 2013. In response, petitioner informs the court that he mistakenly sent his petition to this court; he intended to send it to the California Supreme Court. Moreover, petitioner states that he has another habeas corpus action pending in this court, which is pending dismissal for failure to exhaust state court remedies. See Davis v. Lackner, Case No. 13-cv-0583 KJM GGH P. For these reasons, petitioner requests that the instant action be dismissed without prejudice.

         Accordingly, for good cause shown, IT IS HEREBY ORDERED that the instant action is dismissed without prejudice. Fed.R.Civ.P. 41(a).