Hawkins v. United States of America et al (INMATE 3)

Filing 7

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
DEMETRIUS JERMAINE
HAWKINS,
Petitioner,
v.
UNITED STATES OF AMERICA,
et al.,
Respondents.

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CIVIL ACTION NO.
2:14cv1150-MHT
(WO)

OPINION AND ORDER
On

November

5,

2014,

petitioner

Demetrius

J.

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
revealed

he

was

asserting

claims

challenging

the

validity of his 2007 conviction in this court and his
resulting 140-month sentence for conspiracy to possess
with

intent

to

distribute

marijuana

(see

Case

No.

2:06cr12), Hawkins’s petition was docketed as a motion

to

vacate,

set

aside,

or

correct

sentence

under

28

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
serves

either

judgment.”

an

answer

or

a

motion

for

summary

The named respondents have not filed an

answer to Hawkins's original pleading, nor have they
been directed to do so.
* * *
Accordingly,
Demetrius

upon

Jermaine

consideration

Hawkins’s

2

Notice

of
of

petitioner
Voluntary

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
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 6th day of October, 2015.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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