United States District Court, N.D. California
December 9, 2005.
RAY MICHAEL BOUDREAUX, Petitioner,
MICHAEL HENNESSEY, Respondent.
The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge
ORDER DISMISSING CASE
On November 21, 2005, the parties filed a joint statement
explaining that Petitioner Ray Michael Boudreaux was released
from custody on October 31, 2005. Respondent contended at that
time that this action should therefore be dismissed because
Petitioner was no longer in custody. Petitioner, however, asked
that the Court hold his habeas petition in abeyance until the
grand jury investigation that resulted in Petitioner's
incarceration was completed.
On November 22, 2005, the Court set a schedule for the parties
to submit briefs on the appropriateness of holding this case in
abeyance. Petitioner timely filed his opening brief on December
6, 2005. In that brief, Petitioner joins Respondent's request for
dismissal of this action based on Respondent's representation
that "[w]e will not be calling Mr. Boudreaux back as a witness
before another grand jury."
Accordingly, in light of the parties' agreement, this action is
dismissed in its entirety, and the Clerk shall close the file.
IT IS SO ORDERED.
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