(HC)Sanchez v. Merlack ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO MADUENO SANCHEZ, Case No. 1:20-cv-00219-JDP 12 Petitioner, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE 13 v. ECF No. 10 14 STEVEN MERLACK, 15 Respondent. 16 17 Fernando Madueno Sanchez, a federal prisoner without counsel, petitioned for a writ of 18 habeas corpus under 28 U.S.C. § 2241. ECF No. 1. On June 2, 2020, petitioner provided notice 19 that he was voluntarily dismissing this action pursuant to Federal Rule of Civil Procedure 20 41(a)(1)(A)(i). ECF No. 10. Under Rule 41(a)(1)(A)(i), a petitioner has the right to voluntarily 21 dismiss his action prior to service by the respondent of an answer or a motion for summary 22 judgment. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The opposing party 23 has not yet served an answer or a motion for summary judgment.1 Accordingly, we direct the 24 clerk’s office to close the case. 25 26 27 1 Although respondent filed a notice to dismiss, ECF No. 9, a pending motion to dismiss is not equivalent to an answer or motion for summary judgment under Rule 41(a)(1)(A)(i). See Miller 28 v. Reddin, 422 F.2d 1264, 1266 (9th Cir. 1970). WOOD ELS VET MVMEUITIOCITI tt PNR eee eve > IT IS SO ORDERED. ° : —N prssann — Dated: _ June 5, 2020 4 UNI STATES MAGISTRATE JUDGE 5 6 | No. 206. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28