(HC)Turner
(HC)Turner v. Sullivan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN DEON TURNER, JR., Case No. 1:19-cv-00120-LJO-JDP Petitioner, ORDER DENYING PETITIONER’S MOTION
TO WITHDRAW, DISMISSING CASE
v. WITHOUT PREJUDICE, AND DIRECTING
CLERK OF COURT TO CLOSE THE CASE
WILLIAM JOE SULLIVAN, ECF No. 10 Respondent. 16 Petitioner Steven Deon Turner, Jr., a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On December 2, 2019, petitioner moved to dismiss his petition without prejudice. ECF No. 10. Federal Rule of Civil Procedure 41(a)(1)(A)(i) governs notices of voluntary dismissal of § 2254 petitions. See Rules Governing Section 2254 Cases, Rule 12; Luna v. Kernan, 784 F.3d 640, 643 (9th Cir. 2015); Bhamani v. Apker, No. 1:17-cv-1572, 2018 WL 684896, at *1 (E.D. Cal. Feb. 1, 2018) (collecting cases). Under Rule 41(a)(1)(A)(i), “the plaintiff may dismiss an action without a court order by filing. . . a notice of dismissal before the…