Opinion
3:22-cv-00409-ART-CSD
08-02-2023
Ronicia Benjamin, Petitioner v. Barry L. Breslow, et al., Respondents
ORDER GRANTING MOTION TO VOLUNTARILY DISMISS CASE
(ECF NO. 19)
ANNE R. TRAUM, UNITED STATES DISTRICT JUDGE
In October 2022, the Court granted 28 U.S.C. § 2254 habeas corpus petitioner Ronicia Benjamin's request to appoint counsel and appointed the Federal Public Defender (“FPD”) to represent her. (ECF No. 4.) Through her counsel, Benjamin has now filed a motion to voluntarily dismiss her petition. (ECF No. 19.) Attached to the motion is Benjamin's Declaration that details two in-person meetings with counsel in Arizona where she is in custody over the course of several months. (ECF No. 19-1.) The FPD explains that he investigated Benjamin's case and whether there were circumstances warranting equitable tolling of her untimely claims. After discussing the options, Benjamin elected to voluntarily dismiss the litigation. Good cause appearing,
It is therefore ordered that Petitioner's motion to voluntarily dismiss the petition (ECF No. 1) is GRANTED. This action is DISMISSED.
It is further ordered that a certificate of appealability will not issue.
It is further ordered that the Clerk of Court enter judgment accordingly and close this case.