Opinion
1:22-cv-01613-SKO-HC
03-03-2023
ARSEN PANANYAN, Petitioner, v. DOUGLAS WHITE, Warden, Respondent.
ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE
FINDINGS AND RECOMMENDATION TO DISMISS PETITION WITHOUT PREJUDICE
[10-DAY OBJECTION DEADLINE]
SHEILA K. OBERTO, MAGISTRATE JUDGE
Petitioner is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is represented in this action by Pat Harris, Esq.
On December 15, 2022, Petitioner filed the instant petition in this Court. On March 2, 2023, Petitioner filed a motion for voluntary dismissal. (Doc. 7.) Petitioner states that he has been granted the relief he was seeking.
Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, “the [petitioner] may 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 . . . .” Pursuant to Rule 12 of the Rules Governing Section 2254 Cases, “[t]he Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory provision or these rules, may be applied to a proceeding under these rules."
In this case, Respondent has not yet filed an answer or other responsive pleading.
Therefore, pursuant to Rule 41(a)(1), dismissal of the petition is appropriate.
ORDER
IT IS HEREBY ORDERED that the Clerk of Court is DIRECTED to assign a district judge to this case.
RECOMMENDATION
For the foregoing reasons, the Court RECOMMENDS that the petition be DISMISSED. This Findings and Recommendation is submitted to the United States District Court Judge assigned to this case, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. Within ten (10) days after being served with a copy, Petitioner may file written objections with the Court. Such a document should be captioned “Objections to Magistrate Judge's Findings and Recommendation.” The Court will then review the Magistrate Judge's ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
T IS SO ORDERED.