Opinion
Case No. 1:19-cv-00120-LJO-JDP
12-10-2019
STEVEN DEON TURNER, JR. Petitioner, v. WILLIAM JOE SULLIVAN, Respondent.
ORDER DENYING PETITIONER'S MOTION TO WITHDRAW, DISMISSING CASE WITHOUT PREJUDICE, AND DIRECTING CLERK OF COURT TO CLOSE THE CASE ECF No. 10
Petitioner Steven Deon Turner, Jr., a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On December 2, 2019, petitioner moved to dismiss his petition without prejudice. ECF No. 10.
Federal Rule of Civil Procedure 41(a)(1)(A)(i) governs notices of voluntary dismissal of § 2254 petitions. See Rules Governing Section 2254 Cases, Rule 12; Luna v. Kernan, 784 F.3d 640, 643 (9th Cir. 2015); Bhamani v. Apker, No. 1:17-cv-1572, 2018 WL 684896, at *1 (E.D. Cal. Feb. 1, 2018) (collecting cases). Under Rule 41(a)(1)(A)(i), "the plaintiff may dismiss an action without a court order by filing. . . a notice of dismissal before the opposing party serves either an answer. . . ." Voluntary dismissal under Rule 41(a)(1)(A)(i) is automatic and requires no court order. See Fed. R. Civ. P. 41(a)(1)(A)(i); Luna, 784 F.3d at 643.
Here, petitioner has filed a motion to dismiss this case without prejudice. ECF No. 10. Rule 41 is self-executing, so a motion to dismiss is unnecessary. Accordingly, the court will deny the motion to dismiss but direct the clerk of the court to close the case.
For these reasons,
1. Petitioner Steven Turner Jr.'s voluntary motion to dismiss the case without prejudice is denied. ECF No. 10.IT IS SO ORDERED. Dated: December 10, 2019
2. Petitioner has dismissed the case without prejudice.
3. The clerk of the court is directed to close the case.
/s/_________
UNITED STATES MAGISTRATE JUDGE No. 206.