(HC) Pananyan v. White ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARSEN PANANYAN, Case No. 1:22-cv-01613-SKO-HC 12 Petitioner, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATION TO 14 DOUGLAS WHITE, Warden, DISMISS PETITION WITHOUT PREJUDICE 15 Respondent. [10-DAY OBJECTION DEADLINE] 16 17 Petitioner is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant 18 to 28 U.S.C. § 2241. He is represented in this action by Pat Harris, Esq. 19 On December 15, 2022, Petitioner filed the instant petition in this Court. On March 2, 20 2023, Petitioner filed a motion for voluntary dismissal. (Doc. 7.) Petitioner states that he has 21 been granted the relief he was seeking. 22 Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, “the [petitioner] 23 may dismiss an action without a court order by filing: a notice of dismissal before the opposing 24 party serves either an answer or a motion for summary judgment . . . .” Pursuant to Rule 12 of 25 the Rules Governing Section 2254 Cases, “[t]he Federal Rules of Civil Procedure, to the extent 26 that they are not inconsistent with any statutory provision or these rules, may be applied to a 27 proceeding under these rules." 1 Therefore, pursuant to Rule 41(a)(1), dismissal of the petition is appropriate. 2 ORDER 3 IT IS HEREBY ORDERED that the Clerk of Court is DIRECTED to assign a district 4 judge to this case. 5 RECOMMENDATION 6 For the foregoing reasons, the Court RECOMMENDS that the petition be DISMISSED. 7 This Findings and Recommendation is submitted to the United States District Court Judge 8 assigned to this case, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 9 of the Local Rules of Practice for the United States District Court, Eastern District of California. 10 Within ten (10) days after being served with a copy, Petitioner may file written objections with 11 the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 12 Recommendation.” The Court will then review the Magistrate Judge’s ruling pursuant to 28 13 U.S.C. § 636 (b)(1)(C). Petitioner is advised that failure to file objections within the specified 14 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 15 (9th Cir. 1991). 16 IT IS SO ORDERED. 17 18 Dated: March 3, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27