Gibbs-Carter v. Potter et al

Filing 16

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

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,

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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