Trate
(HC) Curtis v. Trate
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM G. CURTIS, Case No. 1:22-cv-00415-CDB (HC)
12 Petitioner, ORDER DISMISSING PETITIONER’S
PETITION WITHOUT PREJUDICE
13 v. (ECF Nos. 10, 12) 14 B.M. TRATE, 15 Respondent. 16 17 Petitioner William G. Curtis, pro se, filed a Petition for Habeas Corpus under 28 U.S.C. § 18 2241 on April 12, 2022. (ECF. No. 1). On October 27, 2022, Respondent filed a Motion to 19 Dismiss on the grounds that the Court does not have jurisdiction to hear this matter because 20 Petitioner fails to qualify for the “escape hatch” clause of 28 U.S.C. § 2255. See Fed. Rule Civ. P. 21 12(b)(1), (6), 28 U.S.C. §§ 2241 & 2255(e). (ECF No. 10). 22 On November 14, 2022, Petitioner filed a Motion for Voluntary Dismissal Without 23 Prejudice. (ECF No. 12). 24 Under Rule 41(a)(2) of the Federal Rules of Civil Procedure, “[A]n action may be 25 dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.” 26 In the Ninth Circuit, district courts are to grant such…