Vernell White v. Rob St Andre

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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9 10 VERNELL WHITE, Case No. 8:24-cv-02678-SVW-SSC 11 Petitioner,

ORDER DISMISSING ACTION

12 v. WITHOUT PREJUDICE 13 ROB ST ANDRE, Warden, 14 Respondent. 15 16 17 On December 9, 2024, pro se Petitioner Vernell White filed this 18 habeas action pursuant to 28 U.S.C. § 2254. (ECF 1.) On February 14, 19 2025, Respondent filed a motion to dismiss the petition, arguing, in 20 part, that the petition should be dismissed pursuant to the abstention 21 rule of Younger v. Harris, 401 U.S. 37, 45–46 (1971) because Petitioner 22 has a pending state appeal. (ECF 8.) On April 2, 2025, Petitioner filed 23 a request to withdraw the petition without prejudice. (ECF 11.) 24 Under Rule 41 of the Federal Rules of Civil Procedure, a petitioner 25 may voluntarily dismiss a case without a court order before the 26 respondent has served an answer or motion for summary judgment. 27 Fed. R. Civ. P. 41(a)(1)(A)(i). Voluntary dismissal under Rule 1 | only a motion to dismiss the petition. See…