Gerald v. Aducci

Filing 21

MEMORANDUM OPINION. Signed by Judge James H Hancock on 7/7/2015. (JLC)

FILED
2015 Jul-07 AM 09:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
EMMA GERALD,

)
)
)
)
) Case No. 7:15-cv-00183-JHH-JHE
)
)
)
)

Petitioner,
v.
WARDEN ADUCCI,
Respondent.

MEMORANDUM OPINION
On January 29, 2015, Petitioner Emma Gerald (“Gerald”) filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241, seeking to attack her federal sentence by way of the
Savings Clause of 28 U.S.C. § 2255(e). (Doc. 1). On May 21, 2015, Respondent answered,
seeking to have the petition dismissed for lack of jurisdiction. (Doc. 16). Gerald has not
contested Respondent’s arguments but instead seeks to voluntarily dismiss the petition without
prejudice. (Doc. 20). Because a dismissal for lack of jurisdiction would also be “without
prejudice,” Gerald and Respondent seek the same relief. Accordingly, Gerald’s petition will be
DISMISSED WITHOUT PREJUDICE. A separate order will be entered.
DONE this the 7th day of July, 2015.

SENIOR UNITED STATES DISTRICT JUDGE