Davis v. Attorney General, 19cv2263-LAB (MDD). (2020)
Court: District Court, N.D. California
Number: infdco20200205d31
Visitors: 3
Filed: Feb. 04, 2020
Latest Update: Feb. 04, 2020
Summary: ORDER ON NOTICE OF VOLUNTARY DISMISSAL; ORDER DENYING MOTION TO STAY [Dkt. 15] LARRY ALAN BURNS , Chief District Judge . Petitioner Gavin Davis, a California probationer challenging a state conviction arising from a guilty plea, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. On January 27, 2019, Davis moved to stay this action while he pursues a writ of certiorari to the United States Supreme Court related to his underlying state conviction. Dkt. 15. He then fil
Summary: ORDER ON NOTICE OF VOLUNTARY DISMISSAL; ORDER DENYING MOTION TO STAY [Dkt. 15] LARRY ALAN BURNS , Chief District Judge . Petitioner Gavin Davis, a California probationer challenging a state conviction arising from a guilty plea, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. On January 27, 2019, Davis moved to stay this action while he pursues a writ of certiorari to the United States Supreme Court related to his underlying state conviction. Dkt. 15. He then file..
More
ORDER ON NOTICE OF VOLUNTARY DISMISSAL;
ORDER DENYING MOTION TO STAY [Dkt. 15]
LARRY ALAN BURNS, Chief District Judge.
Petitioner Gavin Davis, a California probationer challenging a state conviction arising from a guilty plea, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On January 27, 2019, Davis moved to stay this action while he pursues a writ of certiorari to the United States Supreme Court related to his underlying state conviction. Dkt. 15. He then filed a notice of voluntary dismissal, apparently deciding that dismissing the action without prejudice was preferable to a stay. Because Respondents have not yet filed a response to his habeas petition, Davis may dismiss the action unilaterally. FRCP 41(a)(1)(A)(i). As such, this action is DISMISSED WITHOUT PREJUDICE as to all Respondents. Davis's Motion to Stay is DENIED AS MOOT. Dkt. 15.
IT IS SO ORDERED.
Source: Leagle
