Opinion
2:21-cv-1161 TLN KJN P
10-18-2022
GREGORY RALPH ABRARIA, Petitioner, v. WARDEN, et al., Respondent.
ORDER
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE.
Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner's habeas corpus petition is submitted for decision.
On September 21, 2022, petitioner filed a pleading with the court stating that his Proposition 57 date was granted. (ECF No. 30.) Petitioner states that he will be let out on October 12, 2022, “making the time from 2013 to 2016” not relevant. (Id.) Petitioner asks if the court can inform him of his next step, which may include a civil rights action pursuant to 42 U.S.C. § 1983. (Id.)
It appears that petitioner intends his September 21, 2022 pleading as a notice of voluntary dismissal. However, in an abundance of caution, petitioner is ordered to inform the court within fourteen days of the date of this order whether he intends to voluntarily dismiss this action. Petitioner is also informed that the court cannot advise petitioner regarding how to proceed.
Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this order, petitioner shall inform the court whether he intends to voluntarily dismiss this action.