Smith v. Wise (INMATE3)

Filing 23

ORDER directing that: (1) the petitioner's 20 motion to dismiss is GRANTED; and (2) this action is DISMISSED without prejudice. Signed by Honorable Ira De Ment on 3/22/11. (djy, )

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-CSC Smith v. Wise (INMATE3) Doc. 23 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION THOMAS WESLEY SMITH, # 206280 Petitioner, v. DAVID WISE, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:11cv86-ID (WO) ORDER On February 17, 2011, the petitioner filed a motion for voluntary dismissal of the instant action, pursuant to Rule 41 of the Federal Rules of Civil Procedure. (Doc. #20). Out of an abundance of caution, the Magistrate Judge advised the petitioner of the potential consequences of dismissing his action pursuant to his request. (Doc. #21). The petitioner confirmed that he wanted to dismiss his petition without prejudice. (Doc. #22). Upon consideration of the petitioner's motion to dismiss, and for good cause, it is hereby ORDERED that: 1. The petitioner's motion to dismiss (Doc. #20) is GRANTED; and 2. This action is DISMISSED without prejudice. DONE this the 22nd day of March, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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