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McNeely v. Salinas

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


June 11, 2010

DOCK MCNEELY, PETITIONER,
v.
S. M. SALINAS, WARDEN,

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

ORDER

Petitioner, a state prisoner who had been proceeding pro se on a habeas petition under 28 U.S.C. § 2254, filed a notice of voluntarily dismissal of this action pursuant to Fed. R. Civ. P. 41(a)(1)(A), on May 19, 2010. In response to the court's order, filed on May 27, 2010, directing respondent to notify the court within seven days of any objection to dismissal of this action, respondent, on June 1, 2010, replied that respondent had no objection to the dismissal.

Thereafter, on June 4, 2010, the May 26, 2010*fn1 order was vacated, this action was dismissed, pursuant to Fed. R. Civ. P. 41(a), and the Clerk was directed to close this case.

Petitioner's brief subsequent request to be permitted to withdraw his own notice of voluntary dismissal because a (now-vacated) protective order was in some measure granted is unavailing and is wholly insufficient to withdraw his own voluntary dismissal of this now-closed case.

Accordingly, IT IS HEREBY ORDERED that petitioner's June 4, 2010 (docket # 59), request that his notice of voluntary dismissal be disregarded is denied.


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