Toscano v. Terhune

Full title: ROSS TOSCANO, Petitioner, v. C. A. TERHUNE, Respondent

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

Date published: Oct 20, 2011

No. CIV S-02-2184 MCE EFB P (E.D. Cal. Oct. 20, 2011)

Opinion

No. CIV S-02-2184 MCE EFB P.

October 20, 2011

ORDER

EDMUND BRENNAN, Magistrate Judge

Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order dated March 10, 2003, before an answer was filed, this matter was administratively stayed to allow petitioner the opportunity to exhaust a claim in state court. On August 26, 2011, petitioner was ordered to show cause why this action should not be dismissed for failure to prosecute. On August 29, 2011, petitioner filed a request for voluntary dismissal of this action on the grounds that he was granted habeas relief in state court.

Good cause appearing, IT IS HEREBY ORDERED that this action is dismissed without prejudice and this case is closed. See Fed.R.Civ.P. 41(a).

DATED: October 19, 2011.