Trate

(HC) Mosley v. Trate

Good Law
United States District Court, Eastern District of CaliforniaMarch 13, 20231:22-cv-00797California476 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAAC D. MOSLEY, Case No. 1:22-cv-00797-HBK (HC) Petitioner, ORDER DIRECTING CLERK OF COURT TO

CLOSE CASE

v. (Doc. No. 18) B.M. TRATE,

ORDER MOOTING MOTION TO DISMISS

Respondent. (Doc. No. 16) 16 17 18 Petitioner Isaac D. Mosley (“Petitioner”), a federal prisoner, is proceeding pro se with a First Amended Petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 14). Respondent filed a Motion to Dismiss the First Amended Petition for lack of jurisdiction. (Doc. No. 16). Petitioner filed a response to the Motion to Dismiss. (Doc. No. 17). On March 8, 2023, Petitioner filed a request for dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). (Doc. No. 18). Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “the plaintiff may dismiss an action without a court order by filing ... a notice of dismissal before the opposing party 27 1 Both parties have consented to the…

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