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, )

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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. ) ) ) ) ) ) ) ) ) ) ) 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 3

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