1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CIXTO CRUZ MURILLO, No. 2:24-CV-3458-DC-DMC-P 12 Petitioner, FINDINGS AND RECOMMENDATIONS 13 v. 14 MULE CREEK STATE PRISON, 15 Respondent. 16 17 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus. Pending before the Court is Petitioner’s motion to dismiss, ECF No. 19, which this Court 19 construes as a notice of voluntary dismissal. Petitioner asserts that he seeks dismissal because he 20 has pending parole hearings and therefore, does not seek habeas relief at this time. See ECF No. 21 19. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / ] Good cause appearing therefor, the undersigned recommends this action be 2 || dismissed without prejudice. See Fed. R. Civ. P. 41(a)(2). 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of

(b)(1). Within 14 days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court. Responses to objections shall be filed within 14 days after service of 7 || objections. Failure to file objections within the specified time may waive the right to appeal. See 8 | Martinez v. Yist,

(9th Cir. 1991). 9 10 | Dated: December 17, 2025 Ss..c0_, M DENNIS M. COTA 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28