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Bayaird v. Curry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 11, 2009

CHARLES MICHAEL KIMBLE BAYAIRD, PETITIONER,
v.
B. CURRY, RESPONDENT.

ORDER GRANTING PETITIONER'S MOTION TO WITHDRAW PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE

[Doc. 15]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On June 8, 2009, Petitioner filed a motion to withdraw his petition for writ of habeas corpus without prejudice on the ground that he has not exhausted the state court remedies. (Court Doc. 15.) Petitioner's motion is construed as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). At this stage in the proceedings, Petitioner has the absolute right to dismiss his petition, without prejudice.*fn1 Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id.

Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Plaintiff's notice of voluntary dismissal filed on April 27, 2009.

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE


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