Ciolli

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JORGE GOMEZ, ) Case No.: 1:21-cv-00207-AWI-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION WITHOUT PREJUDICE v. ) ) [10-DAY OBJECTION DEADLINE] ANDREW CIOLLI, Warden, U.S.P. Atwater, ) Respondent. ) ) )

Petitioner filed the instant petition for writ of habeas corpus on February 19, 2021. (Doc. 1.) After conducting a preliminary review of the petition, the Court found that the petition was unexhausted. (Doc. 4.) Accordingly, on March 11, 2021, the Court issued findings and recommendations to dismiss the petition for failure to exhaust administrative remedies. (Doc. 4.) On April 2, 2021, Petitioner filed a motion to withdraw the petition. (Doc. 5.) Accordingly, the Court will construe Petitioner’s motion 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…