Opinion
22-cv-07282-JD
01-09-2023
MYCHAL A. REED, Petitioner, v. BOB CATES, Respondent.
ORDER OF DISMISSAL RE: DKT. NOS. 2, 7, 9
JAMES DONATO, UNITED STATES DISTRICT JUDGE
This is a habeas case filed pro se by a state prisoner. However, petitioner submitted a letter indicating that the petition was erroneously sent to this court by prison staff. Dkt. No. 9. The Court construes this filing as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1). Plaintiff's motion (Dkt. No. 9) is GRANTED and this case is DISMISSED without prejudice. All pending motions (Dkt. Nos. 2, 7) are VACATED. No fee is due. The Clerk is requested to send petitioner a copy of Dkt. Nos. 1, 2. A certificate of appealability is denied.
IT IS SO ORDERED.