Gabriel Diego Betancourt v. Hartley

Full title: GABRIEL DIEGO BETANCOURT, Petitioner, v. JAMES HARTLEY, Respondent

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

Date published: Jan 26, 2011

1:09-CV-1140 AWI JMD (HC) (E.D. Cal. Jan. 26, 2011)

Opinion

1:09-CV-1140 AWI JMD (HC).

January 26, 2011

ORDER GRANTING PETITIONER'S MOTION FOR VOLUNTARY DISMISSAL OF HABEAS PETITION

ANTHONY ISHII, District Judge

Pending before the Court is Gabriel Diego Betancourt's (hereinafter "Petitioner") motion to voluntarily dismiss his 28 U.S.C. § 2254 petition for writ of habeas corpus. See Doc. No. 21. Because Respondent filed an answer on January 14, 2011, the Court ordered Respondent to file either an opposition or a statement of non-opposition to Petitioner's Rule 41(a) motion. On January 20, 2011, Respondent filed a statement of non-opposition to Petitioner's Rule 41(a) motion. See Doc. No. 23. In light of Respondent's statement of non-opposition, the Court will grant Petitioner's Rule 41(a) request.

Therefore, IT IS HEREBY ORDERED that Petitioner's Rule 41(a) request is GRANTED and the Clerk of the Court is ordered to close this case in light of Petitioner's Rule 41(a) motion.

IT IS SO ORDERED.

Dated: January 25, 2011