IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 1, 2011
CHARLES H. CARR, JR., PETITIONER,
GARY SWARTHOUT, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner is former state prisoner, proceeding without counsel, with a habeas corpus petition pursuant to 28 U.S.C. § 2254. By order filed November 8, 2010, this action was stayed pending a final appellate decision on three related district court decisions which granted petitioner relief. On November 28, 2011, petitioner filed a notice of change of address, and a motion to lift the stay, and to voluntarily dismiss this action. Petitioner states that the decision finding him suitable for parole is now final, underscored by plaintiff's change of address.
Accordingly, for good cause shown, IT IS HEREBY ORDERED that:
1. Petitioner's motion to lift the stay in this action, and to dismiss this action (Dkt. No. 14), is granted; and
2. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1).
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