Gibbs-Carter v. Potter et al

Filing 16

MEMORANDUM OPINION. Signed by Judge James H Hancock on 12/31/2013. (JLC)

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FILED 2013 Dec-31 AM 10:21 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JERRY GIBBS-CARTER, ) ) ) ) ) ) ) ) ) Petitioner, v. EDWARD POTTER, Warden, et al., Respondents. Case No. 5:13-cv-00855-JHH-PWG MEMORANDUM OPINION On November 25, 2013, the magistrate judge notified petitioner, Jerry Gibbs-Carter (“Petitioner”), that his petition invoking 28 U.S.C. § 2254 was deficient, and ordered Petitioner to re-plead within thirty (30) days. (Doc. # 11). In response, Petitioner has filed a pleading styled as an “Answer,” in which Petitioner states that his physical health is too poor to permit him to re-plead. (Doc. # 15). Petitioner’s Answer further purports to “withdraw [the] writ” until his health improves. (Id. at 2). To the extent that Petitioner’s Answer is construed as a voluntary motion to dismiss, it is due to be granted. A separate order will be entered. DONE this the 31st day of December, 2013. SENIOR UNITED STATES DISTRICT JUDGE

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