Jack Benjamin Hessiani v. Brian Birkholtz

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2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 JACK BENJAMIN HESSIANI, Case No. 2:23-cv-03553-JWH-SSC Petitioner,

ORDER DISMISSING ACTION

v. WITHOUT PREJUDICE BRIAN BIRKHOLTZ, Warden, Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 On May 4, 2023, Petitioner, a federal prisoner proceeding pro se, filed this habeas action pursuant to 28 U.S.C. § 2241. On July 12, 2023, Respondent filed a motion to dismiss the petition, arguing, in part, that the petition is a disguised and untimely motion to vacate, set aside, or correct Petitioner’s sentence pursuant to 28 U.S.C. § 2255. On August 8, 2023, Petitioner filed a request to withdraw the petition.3 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 41(a)(1)(A)(i) remains available where, as here, the respondent has filed only a…