IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JOSEPH WAYNE MARSH, Cause No. CV 22-10-BLG-SPW-TJC Petitioner, ORDER Vs. WARDEN JIM SALMONSEN, ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.

On March 10, 2025, Marsh was directed to file a status report relative to the Rhines stay that had been previously entered and advise the Court of the status of his state court proceedings. (Doc. 16.) Marsh failed to timely respond. Because it was unclear whether or not Marsh intended to proceed, he was directed to show cause as to why the matter should not be dismissed based upon his failure to comply with the Court’s orders and/or failure to prosecute. See, (Doc. 17 at 1-2)(citing Fed. R. Civ. P. 41(b); Malone v. United States Postal Service,

(9" Cir. 1987); Link v. Wabash,

(1962)). Marsh responded by informing the Court that he did not intend to seek any further state collateral review and that he has “decided not to proceed with seeking

federal habeas corpus relief under

.” (Doc. 18 at 2.) Marsh requests that his habeas petition be dismissed. (/d.) Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides an avenue for voluntary dismissal and Marsh has demonstrate good cause to support his request. Accordingly, IT IS HEREBY ORDERED: 1. Marsh’s Motion to Dismiss (Doc. 18) is GRANTED. This matter is DISMISSED pursuant to Fed. R. Civ. P. 41(a)(1)(B). 2. The Clerk of Court is directed to enter a judgment of dismissal and close this matter. DATED this 27 day of April, 2025. Lo tnt. lel tle Susan P. Watters United States District Court Judge