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Isabel Irene Varela v. W. Miller

September 9, 2011

ISABEL IRENE VARELA, PETITIONER,
v.
W. MILLER, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner requests the voluntary dismissal of her petition for a writ of habeas corpus, so that petitioner can exhaust her state court remedies as to all of her claims. (Dkt. No. 11.) Petitioner's request follows an order of this court which set forth the requirements for obtaining a stay for a "mixed" habeas corpus pending exhaustion of unexhausted claims. (Dkt. No. 10.) Petitioner now states that she intends to exhaust all of her claims before filing a new petition for writ of habeas corpus.*fn1

For good cause shown, petitioner's request to voluntarily dismiss this action (Dkt. No. 11) is granted. Accordingly, this action is dismissed without prejudice. Fed. R. Civ. P. 41(a)(1).

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