Unreported / Non-Citable
Disposition notice
David Perez Primera, an immigration detainee, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 and then asked to withdraw it so he could proceed with removal as ordered by an immigration judge. Because the respondents had already filed a responsive pleading, the U.S. District Court for the Eastern District of California construed the request as a motion for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2). Finding that dismissal would not legally prejudice the respondents, the court granted the motion, dismissed the petition without prejudice, and directed the Clerk of Court to terminate pending motions and close the case. The order was dated October 14, 2026, and filed October 15, 2026, in Case No. 1:26-cv-05886 JLT EPG.