Raekwon Robertson v. Williams, et al.

• Court: District Court, D. Nevada
• Decided: October 24, 2025
• Docket: 2:24-cv-01821
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 RAEKWON ROBERTSON, Case No.: 2:24-cv-01821-RFB-DJA

5 Petitioner ORDER

6 v.

7 WILLIAMS, et al.,

8 Respondents.

9 Petitioner Raekwon Robertson filed his 28 U.S.C. § 2254 petition for writ of habeas corpus 10 challenging his state conviction. ECF Nos. 1-1, 8. Following appointment of counsel, the Court 11 granted leave to file an amended petition. ECF No. 13. After discussing—with his counsel—his 12 petition, the possible issues, and potential risks Mr. Robertson faces, however, he voluntarily 13 requests dismissal of his habeas petition. ECF No. 17. Respondents have not filed an opposition, 14 and the time to do so has expired. 15 Under Federal Rule of Civil Procedure 41(a)(1), a petitioner has an absolute right to 16 voluntarily dismiss his action prior to service of an answer or a motion for summary judgment. 17 The action is therefore dismissed, and the Court directs the Clerk of the Court to close the case. 18 See Luna v. Kernan, 784 F.3d 640, 643 (9th Cir. 2015) (motions for voluntary dismissal filed prior 19 to an answer or summary judgment motion “are automatically granted.”) 20 IT IS THEREFORE ORDERED that Petitioner Raekwon Robertson’s Motion re 21 Voluntary Dismissal (ECF No. 17) is GRANTED. 22 IT IS FURTHER ORDERED that a certificate of appealability is denied as jurists of 23 reason would not find the dismissal of the petition to be debatable or wrong. ] IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter final judgment dismissing this action and close this case. 3 4 DATED: October 24, 2025. Ko C1 6 RICHARD F. BOULWARE, II 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23