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Durrani v. Holencik

United States District Court, S.D. California
Nov 2, 2007
CASE NO. 07CV1249-LAB (NLS) (S.D. Cal. Nov. 2, 2007)

Opinion

CASE NO. 07CV1249-LAB (NLS).

November 2, 2007


ORDER GRANTING REQUEST TO WITHDRAW PETITION [Dkt No. 5, 7]


On July 10, 2007, petitioner Arif Durrani ("Durrani"), proceeding pro se, filed a Petition For Writ of Habeas Corpus ("Petition") purportedly pursuant to 28 U.S.C. § 2241, alleging "illegal detention." The court construed the Petition as seeking 28 U.S.C. § 2255 relief, notified Durrani in an Order entered October 9, 2007 of its intent to recharacterize his filing as a Section 2255 motion, and provided him with the explanation, notice, and admonitions required by Castro v. United States, 540 U.S. 375, 382 (2003). Dkt No. 5. The court gave Durrani the options to withdraw the Petition, to file an Amended Petition, or to proceed with the Petition recharacterized as a Section 2255 motion. Durrani's timely response to the Order instructs the Petition be withdrawn. Dkt No. 7. The request is GRANTED . Accordingly, the Clerk of Court shall terminate this action in its entirety, without prejudice.

IT IS SO ORDERED.


Summaries of

Durrani v. Holencik

United States District Court, S.D. California
Nov 2, 2007
CASE NO. 07CV1249-LAB (NLS) (S.D. Cal. Nov. 2, 2007)
Case details for

Durrani v. Holencik

Case Details

Full title:ARIF DURRANI, Petitioner, v. S.A. HOLENCIK, LARRY ALAN BURNS, ALBERTO…

Court:United States District Court, S.D. California

Date published: Nov 2, 2007

Citations

CASE NO. 07CV1249-LAB (NLS) (S.D. Cal. Nov. 2, 2007)