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4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8

9 10 VERNELL WHITE, Case No. 8:24-cv-02678-SVW-SSC 11 Petitioner, ORDER DISMISSING ACTION 12 v. WITHOUT PREJUDICE 13 ROB ST ANDRE, Warden, 14 Respondent. 15 16 17 On December 9, 2024, pro se Petitioner Vernell White filed this 18 habeas action pursuant to

. (ECF 1.) On February 14, 19 2025, Respondent filed a motion to dismiss the petition, arguing, in 20 part, that the petition should be dismissed pursuant to the abstention 21 rule of Younger v. Harris,

, 45–46 (1971) because Petitioner 22 has a pending state appeal. (ECF 8.) On April 2, 2025, Petitioner filed 23 a request to withdraw the petition without prejudice. (ECF 11.) 24 Under Rule 41 of the Federal Rules of Civil Procedure, a petitioner 25 may voluntarily dismiss a case without a court order before the 26 respondent has served an answer or motion for summary judgment. 27 Fed. R. Civ. P. 41(a)(1)(A)(i). Voluntary dismissal under Rule 1 | only a motion to dismiss the petition. See Murray v. Pollard, No. CV 2 | 20-8775-RGK (JEM),

, at *17 (C.D. Cal. Nov. 8, 2021) 3 | (voluntary dismissal under Rule 41(a)(1), rather than court-ordered 4 | dismissal under Rule 41(a)(2), applies in § 2254 action where 5 | respondent has filed a motion to dismiss but not an answer or motion 6 | for summary judgment), report and recommendation adopted, No. CV 7 | 20-8775 RGK (JEM),

(C.D. Cal. Dec. 16, 2021); 8 | Fulcher v. Hatton, No. 16cv2041-BAS-BGS,

, at *1 9 | (S.D. Cal. Jan. 31, 2017) (same), report and recommendation adopted, 10 | No. 16-cv-02041-BAS-BGS,

(S.D. Cal. Feb. 17, 2017). 11 | Unless a petitioner requests otherwise, or has previously dismissed the 12 | same claim(s), a voluntary dismissal under Rule 41(a)(1)(A)(@) shall be 13 | without prejudice. Fed. R. Civ. P. 41(a)(1)(B). 14 Because Respondent has not filed an answer or motion for 15 | summary judgment, the Court construes Petitioner’s request to 16 | withdraw the petition as a notice of voluntary dismissal without 17 | prejudice pursuant to Rule 41(a)(1)(A)G). Accordingly, as Petitioner 18 | requests dismissal of this action without prejudice, and this appears to 19 | be the first time that Petitioner has dismissed these claims, this action 20 | is dismissed without prejudice.! Jd. 21 ~ SSS A Z ) a? 22 | DATED: April 24, 2025 oN. [LF “oy pS & St) 23 HONORABLE STEPHEN V. WILSON 34 UNITED STATES DISTRICT JUDGE

25 26 1 Even if, in light of Respondent’s motion to dismiss, Petitioner 77 | must obtain a Court order pursuant to Rule 41(a)(2) to dismiss this action, dismissal is warranted here and such dismissal shall be without ee Sees 8) Unie thie ecbsectnel ie aeihoce Deaheclice.”)