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Scott v. Sandor

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 4, 2009

JEROME N. SCOTT, PETITIONER,
v.
GARY SANDOR, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Gary A. Feess United States District Judge

MEMORANDUM AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE

On May 27, 2009, Jerome N. Scott ("petitioner"), a prisoner in California custody and proceeding pro se, filed a federal petition for writ of habeas corpus. He concurrently filed a request to stay the federal petition and hold it in abeyance pending exhaustion of potentially dispositive issues in state court.

On June 4, 2009, the court issued an order denying petitioner's request for a stay and granting him leave to file a first amended petition asserting only exhausted grounds for relief.

On July 23, 2009, petitioner filed a motion to dismiss his petition without prejudice so that he could return to state court and properly exhaust his state remedies with respect to all of his federal grounds. Respondent has not yet filed an answer or other response to the petition.

Accordingly, petitioner's motion to dismiss his petition without prejudice is GRANTED, see Fed.R.Civ.P. 41(a), and IT IS ORDERED THAT the federal petition be DISMISSED WITHOUT PREJUDICE and the reference to the magistrate judge be VACATED.

As petitioner was previously advised, any subsequent federal habeas petition he files will be subject to the applicable one-year limitations period. See 28 U.S.C. §§ 2244 (d) (1), (2).

IT IS SO ORDERED.

20090804

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