Trate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM G. CURTIS, Case No. 1:22-cv-00415-CDB (HC)

Petitioner, ORDER DISMISSING PETITIONER’S

PETITION WITHOUT PREJUDICE

v. (ECF Nos. 10, 12) B.M. TRATE, Respondent. 16 Petitioner William G. Curtis, pro se, filed a Petition for Habeas Corpus under 28 U.S.C. § 2241 on April 12, 2022. (ECF. No. 1). On October 27, 2022, Respondent filed a Motion to Dismiss on the grounds that the Court does not have jurisdiction to hear this matter because Petitioner fails to qualify for the “escape hatch” clause of 28 U.S.C. § 2255. See Fed. Rule Civ. P. 12(b)(1), (6), 28 U.S.C. §§ 2241 & 2255(e). (ECF No. 10). On November 14, 2022, Petitioner filed a Motion for Voluntary Dismissal Without Prejudice. (ECF No. 12). Under Rule 41(a)(2) of the Federal Rules of Civil Procedure, “[A]n action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.” In the Ninth Circuit, district courts are to grant such…