Adams v. Bean ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Bryan Adams, Case No.: 2:23-cv-01930-JAD-BNW 4 Petitioner, Order Granting Motion to Voluntarily Dismiss Petition for Writ of Habeas 5 v. Corpus 6 Jeremy Bean, et al., [ECF No. 12] 7 Respondents. 8 Counseled Petitioner Bryan Adams filed his 28 U.S.C. § 2254 petition for writ of habeas 9 corpus,1 challenging his state-court conviction. After counsel was appointed, I granted Adams 10 leave to file an amended petition.2 Having discussed with his counsel the circumstances of his 11 guilty plea and sentencing, the factual and procedural position of his petition, and the possible 12 consequences of proceeding forward with this action, Adams now desires to voluntarily dismiss 13 his habeas petition.3 Respondents do not oppose Adams’s request.4 14 Under Federal Rule of Civil Procedure 41(a)(1), a petitioner has an absolute right to 15 voluntarily dismiss his action prior to service of an answer or a motion for summary judgment.5 16 Because this case has not proceeded past that point, I grant Adams’s request. 17 18 19 20 1 ECF No. 1-1. 21 2 ECF Nos. 6, 9. 22 3 ECF No. 12 at 4. 4 ECF No. 13. 23 5 See Luna v. Kernan, 784 F.3d 640, 643 (9th Cir. 2015) (motions for voluntary dismissal filed prior to an answer or summary judgment motion “are automatically granted.”). 1 IT IS THEREFORE ORDERED THAT: 2 1. Petitioner Bryan Adams’s motion to voluntarily dismiss the entire petition [ECF No. 12] 3 is GRANTED under Rule 41(a)(1)(A). 4 2. Acertificate of appealability is DENIED as jurists of reason would not find the dismissal 5 of the petition to be debatable or wrong. 6 3. The Clerk of the Court is directed to CLOSE THIS CASE. CZ 4 8 womb OES 9 Dated: August 20, 2024 10 1] 12 13 14 15 16 17 18 19 20 21 22 23