Pate v. Davenport

Filing 20

ORDER DISMISSING CASE. It is ordered that the Petitioner's voluntary Motion to Withdraw (Doc. 19 ) is GRANTED and this case is DISMISSED without prejudice. Signed by Judge Kristi K. DuBose on 6/15/2011. copies to parties. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES CHELSEY PATE, Petitioner, v. WALTER MYERS, et al., Respondents. ) ) ) ) ) ) CIVIL ACTION 10-00527-KD-B ORDER This matter is before the Court on the Petitioner’s voluntary “Motion to Withdraw Petition” (Doc. 19). Specifically, the Petitioner requests that the Court allow him to withdraw his habeas corpus petition (Docs. 1, 2) without prejudice, so that he may pursue his Rule 32 petition in state court. Upon consideration, it is ORDERED that the Petitioner’s voluntary Motion to Withdraw (Doc. 19) is GRANTED and this case is accordingly DISMISSED without prejudice. DONE and ORDERED this the 15th day of June 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1

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