Collins v. Arkansas, State of

Filing 9

ORDER dismissing voluntarily defendant's pro se petition for writ of habeas corpus, without prejudice. Signed by Judge Kristine G. Baker on 2/7/2014. (mmd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUF DIVISION KINGRALE COLLINS ADC #SK945 v. PETITIONER Case No. 5:13-cv-00111-KGB STATE OF ARKANSAS RESPONDENT ORDER Petitioner Kingrale Collins, through counsel, filed a motion to dismiss voluntarily his pro se petition for writ of habeas corpus without prejudice (Dkt. No. 8). In support of his motion, Mr. Collins represents that he was sentenced to death by the Circuit Court for Cross County, Arkansas, on October 21, 1997; on January 28, 2013, the Circuit Court vacated Mr. Collins’s death sentence and resentenced him to life in prison without parole; that, accordingly, this action is moot; and that, as a condition of Mr. Collins’s resentencing, he has agreed to waive any future legal actions relative to the instant conviction. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Mr. Collins has the right to dismiss voluntarily his claims against respondent before the opposing party serves either an answer or a motion for summary judgment without a Court Order. Mr. Collins has done so in this case. Therefore, Mr. Collins’s pro se petition for writ of habeas corpus is dismissed without prejudice. SO ORDERED this 7th day of February, 2014. __________________________________  KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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