Hawkins v. United States of America et al (INMATE 3)
OPINION AND ORDER: The court construes Hawkins's 6 "Notice of Rescission" as a Notice of Voluntary Dismissal of Action under FRCP 41(a)(1); it is ORDERED that this action is dismissed without prejudice by operation of Rule 41(a)(1); DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 10/6/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
OPINION AND ORDER
Hawkins filed a pro se pleading styled as a “Petition
to Confirm Arbitration Award” (doc. no. 1), to which he
attached various related exhibits.
Because a reading
of Hawkins’s petition with the exhibits he submitted
validity of his 2007 conviction in this court and his
resulting 140-month sentence for conspiracy to possess
2:06cr12), Hawkins’s petition was docketed as a motion
U.S.C. § 2255.
Hawkins has now filed a document he refers to as a
“Notice of Rescission” (doc. no. 6), in which he states
that he wishes to “rescind my filing for petition to
confirm the arbitration award” and requests that his
petition be dismissed without prejudice.
Id. at 1.
The court construes Hawkins’s “Notice of Rescission” as
a Notice of Voluntary Dismissal of Action under Fed. R.
Civ. P. 41(a)(1).
Rule 41(a)(1)(A)(i) provides that a plaintiff may
voluntarily dismiss an action without a court order by
filing “a notice of dismissal before the opposing party
The named respondents have not filed an
answer to Hawkins's original pleading, nor have they
been directed to do so.
* * *
Dismissal of Action (doc. no. 6), it is ORDERED that
this action is dismissed without prejudice by operation
of Rule 41(a)(1).
The clerk of the court is DIRECTED to enter this
This case is closed.
DONE, this the 6th day of October, 2015.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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