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Hunt v. Cale

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 20, 2009

STONEY LYNN HUNT, PETITIONER,
v.
MATTHEW CALE, ET AL., RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

On June 17, 2009, the court recommended that this action be dismissed as duplicative of CIV S-09-1540 EFB P. On June 22, 2009, petitioner filed a letter with the court stating that he did not intend to file the instant action. Petitioner states that the Clerk of the Court mistakenly opened this action with a copy of the petition he filed in CIV S-09-1540 EFB P. The court construes petitioner's June 22, 2009, letter to contain a request to voluntarily dismiss this action.

Pursuant to Fed. R. Civ. P. 41(a), the action is dismissed. See also Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254. Accordingly, the Clerk of Court shall close this case.

20090720

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