Gomez-Hernandez v. Byrd

Filing 3

ORDER granting 2 Petitioner's Motion to Dismiss and the 1 Petition for a Writ of Habeas Corpus is dismissed, without prejudice. Signed by Judge Brian S. Miller on 09/18/08. (hph)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUAQUIN GOMEZ-HERNANDEZ VS. KARL BYRD, Sheriff, Faulkner County ORDE R Pending before the Court is a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (Docket entry #1.) On September 10, 2008, Petitioner filed a Motion to Dismiss this action. (Docket entry #2.) Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Court concludes that Petitioner should be allowed to voluntarily dismiss this action, without prejudice. IT IS THEREFORE ORDERED THAT Petitioner's Motion to Dismiss (docket entry #2) is GRANTED, and the Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2241 (docket entry #1) is DISMISSED, WITHOUT PREJUDICE. Dated this 18th day of September, 2008. ________________________________________ UNITED STATES DISTRICT JUDGE 4:08CV02122 BSM/JTR PETITIONER

R ESPONDENT