Dardy v. Billups et al (INMATE 3)

Filing 20

ORDER that: 1. The petitioner's 18 Motion to Voluntarily Dismiss is GRANTED pursuant to FRCP 41(a)(2); and 2. The 1 Petition for Writ of Habeas Corpus is DISMISSED without prejudice. Signed by Chief Judge William Keith Watkins on 9/11/2014. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
CHARLIE FRANK DARDY, # 116706,
Petitioner,
v.
PHYLLIS BILLUPS, et al.,
Respondents.

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) CASE NO. 3:14-CV-277-WKW
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[WO]
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ORDER
On August 7, 2014 (Doc. # 18), the petitioner filed a motion to voluntarily
dismiss his petition for writ of habeas corpus. Thereafter, this court entered an order
cautioning the petitioner of the potential consequences of dismissal of his petition
pursuant to such a request and directing the petitioner to notify the court by August
22, 2014, whether, in light of the potential consequences, he nevertheless requests that
his petition be dismissed without prejudice under Rule 41(a)(2) of the Federal Rules
of Civil Procedure. (Doc. # 19.) The requisite time has passed without the
petitioner’s having filed a response to the court’s order.
Under the circumstances, and for good cause, it is ORDERED that:
1.

The petitioner’s motion to voluntarily dismiss (Doc. # 18) is GRANTED
pursuant to Federal Rule of Civil Procedure 41(a)(2); and

2.

The petition for writ of habeas corpus (Doc. # 1) is DISMISSED without
prejudice.

DONE this 11th day of September, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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