Vernell White v. Rob St Andre

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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

ORDER DISMISSING ACTION

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