(HC)Johnson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY JOHNSON, Case No. 1:22-cv-01281-HBK (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT TO

CLOSE CASE

13 v. (Doc. No. 5) 14 B.M. TRATE, Warden, 15 Respondent. 16 17 18 19 Petitioner, Anthony Johnson (“Petitioner”), a federal prisoner proceeding pro se, initiated 20 this case by filing a petition for writ of habeas corpus under 28 U.S.C. § 2241 on October 7, 21 2022.1 (Doc. No. 1, “Petition”). On December 8, 2022, Petitioner filed a motion to withdraw his 22 Petition without prejudice. (Doc. No. 5). 23 The Federal Rules of Civil Procedure may be applied to habeas proceedings to the extent 24 such rules are not inconsistent with the statutory provisions of the Habeas Rules. Rules 25 Governing Section 2254 Cases in the United States District Court, Rule 12. See also, Fed. R. 26 Civ. P. 81(a)(4). Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “the 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B)…