Koenig

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

HOSH D. THOMAS, ) Case No.: 1:20-cv-00996-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION WITHOUT PREJUDICE v. ) ) [10-DAY OBJECTION DEADLINE] C. KOENIG, ) Respondent. ) ) )

Petitioner filed the instant petition for writ of habeas corpus on July 20, 2020. (Doc. 1.) On September 16, 2020, Respondent filed a motion to dismiss. (Doc. 10.) On November 16, 2020, Petitioner filed a motion to withdraw the petition. (Doc. 17.) Respondent filed a statement of non- opposition on November 16, 2020. (Doc. 18.) Accordingly, the Court will construe this as a request for voluntary dismissal. Respondent has not yet filed an answer to the petition. Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, “the [petitioner] may dismiss an action without a court order by filing: a notice of dismissal before the opposing party serves either an answer or a…