Johnson v. Norris

Filing 21

ORDER granting 20 plaintiff's voluntary Motion to Dismiss and dismissing the petition for a writ of habeas corpus without prejudice. Signed by Magistrate Judge J. Thomas Ray on 1/20/10. (bkp)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FRANK MICHAEL JOHNSON ADC #131361 VS. LARRY NORRIS, Director, Arkansas Department of Correction ORDER Petitioner has filed a "Motion to Withdraw" his § 2254 habeas Petition. (Docket entry #20). Petitioner indicates that he wishes to voluntarily dismiss his 28 U.S.C. § 2254 habeas Petition in order to attempt to exhaust his claims in state court. 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 Withdraw (docket entry #20) is GRANTED, and the Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254 (docket entry #2) is DISMISSED, WITHOUT PREJUDICE. Dated this 20th day of January 2010. 5:07CV00309 JTR PETITIONER

RESPONDENT

UNITED STATES MAGISTRATE JUDGE