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1:26-cv-21058Flsd24 de fev. de 2026

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 26-21058-CIV-SINGHAL
DENIS Y. CRUZ IZAGUIRRE,
Petitioner,
v.
PAM BONDI, in her official capacity as
Attorney General of the United States, et al.,
Respondents.
______________________________________/
ORDER
THIS CAUSE is before the Court on Petitioner’s Motion to Dismiss for [sic] Writ of
Habeas Corpus Without Prejudice (the “Motion”). 	(DE 10]). 	While Petitioner moves
pursuant to Rule 41(a)(2) (requiring leave of court), he is entitled to dismissal as a matter
of right pursuant to Rule 41(a)(1)(A)(i) because Respondents have not yet answered the
Petition. See Webb v. Jones, 2019 WL 587920 (N.D. Fla. Jan. 10, 2019) (applying Rule
41(a)(1)(A)(i) to habeas petitions). Accordingly, having reviewed the Motion, the docket,
and otherwise being fully advised, it is hereby
ORDERED AND ADJUDGED that the Motion is GRANTED. 	The Clerk of Court
is directed to CLOSE this case, DENY AS MOOT any pending motions, and CANCEL all
hearings and deadlines. Should Petitioner wish to re-assert his claims, and assuming no
statute bars same, then he must file a new case with a new case number and notify the
Clerk of Court that the new case relates to the instant matter.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 24th day of
February 2026.
Copies furnished counsel via CM/ECF
Case 1:26-cv-21058-AHS Document 11 Entered on FLSD Docket 02/24/2026 Page 1 of 1

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