Opinion
Case No. CV 20-4868-CJC (SP)
07-16-2020
JERRY ANDERSON, Petitioner, v. ON HABEAS CORPUS, Respondent.
MEMORANDUM AND ORDER GRANTING VOLUNTARY DISMISSAL
On May 27, 2020, pro se petitioner Jerry Anderson filed a document titled "Requesting Investigation on Habeas Petition Pertaining to Timeliness and Misconduct by Courts," which the Court docketed as a habeas petition under 28 U.S.C. § 2254 ("Petition"). But the "Petition" does not in fact appear to be a true habeas petition that presents a cognizable claim for federal habeas relief. Instead, petitioner asks this Court to investigate the state courts and order the state courts to provide him with trial transcripts for use in his ongoing state habeas proceedings.
Because the Petition fails to raise a cognizable claim for federal habeas relief, among other defects, on June 11, 2020, the Court issued an Order to Show Cause Why Petition Should Not Be Dismissed for Lack of Jurisdiction. Petitioner filed a Response on June 19, 2020. In the Response, petitioner stated that with the "Petition" he did not mean to institute a federal habeas corpus action, but rather only wanted to provide the federal courts with notice of what was occurring in the state courts. The Court construes petitioner's Response as a request for voluntary dismissal of the Petition.
Under Rule 41(a) of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss an action, without a court order, by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Such dismissal is without prejudice. Fed. R. Civ. P. 41(a)(1)(B).
No answer has yet been filed in this case. Accordingly, petitioner may voluntarily dismiss this action without prejudice.
IT IS THEREFORE ORDERED that petitioner's voluntary dismissal of this action is GRANTED, and that Judgment be entered denying the Petition and dismissing this action without prejudice. DATED: July 16, 2020
/s/_________
HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE Presented by: /s/_________
SHERI PYM
UNITED STATES MAGISTRATE JUDGE