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Canady v. Parnell

United States District Court, W.D. Washington, Seattle

August 8, 2014

DEBRA A. CANADY, Petitioner,
v.
JANE PARNELL, Respondent.

REPORT AND RECOMMENDATION

MARY ALICE THEILER, Chief Magistrate Judge.

This is a federal habeas action filed under 28 U.S.C. ยง 2254. Petitioner, through counsel, filed her federal habeas petition on May 6, 2014. ( See Dkt. 1.) The Court thereafter issued an Order directing that the petition be served on respondent and that respondent file an answer thereto. (Dkt. 4.) Respondent filed a timely answer to the petition on June 25, 2014, and the matter was noted on the Court's calendar for consideration on July 18, 2014. (Dkt. 8.) Respondent argued in her answer that the petition was untimely and that the single claim presented failed to state a federal constitutional ground for relief. ( See id. )

On July 15, 2014, petitioner submitted a request to voluntarily withdraw her petition and she asks therein that the Court enter an order of dismissal without prejudice. ( See Dkts. 11 and 12.) Respondent has indicated that she does not oppose petitioner's request. (Dkt. 13.)

Based on the foregoing, this Court recommends that petitioner's request to voluntarily withdraw her federal habeas petition be granted and that this action be dismissed without prejudice. A proposed order accompanies this Report and Recommendation.


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