Phifer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEREMY JONES, Case No. 1:20-cv-00755-DAD-EPG-HC

Petitioner, ORDER TERMINATING PETITIONER’S

REQUEST TO WITHDRAW WRIT

v.

ORDER DIRECTING CLERK OF COURT

PHIFER, TO SEND PETITIONER A PRISONER

CIVIL RIGHTS COMPLAINT FORM AND

Respondent. TO CLOSE CASE

(ECF No. 12)

17 Petitioner Jeremy Jones is proceeding pro se with a petition for writ of mandamus and request for emergency injunctive relief. On July 15, 2020, the Magistrate Judge issued findings and recommendation recommending dismissal of the petition for lack of jurisdiction. (ECF No. 5). On December 7, 2020, the Court received the instant request to withdraw the petition for writ of mandate with leave to refile under 42 U.S.C. § 1983. (ECF No. 12). The Court construes the request as a notice of dismissal. See Castro v. United States, 540 U.S. 375, 381–82 (2003) (courts may recharacterize a pro se motion to “create a better correspondence between the 26 …