Charles v. Secretary, DOC

Filing 10

OPINION AND ORDER granting re: 8 MOTION to Dismiss petitioner Charles petition for writ of habeas corpus without prejudice. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 10/13/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAFAYON CHARLES,
Petitioner,
v.

Case No: 2:17-cv-154-FtM-99CM

SECRETARY, DOC,
Respondent.
/
OPINION AND ORDER1
This matter comes before the Court on Plaintiff Dafayon Charles's Motion to
Voluntarily Dismiss Petition for Writ of Habeas Corpus (Doc. #8) filed on August 4, 2017.
Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case
without a court order. The Rule reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal
statute, the plaintiff may dismiss an action without a court order by
filing:
(i)
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
(ii)
A stipulation of dismissal signed by all parties who have
appeared.
Fed. R. Civ. P. 41(a)(1)(A).

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In this instance, the Plaintiff informs the Court that he voluntarily dismisses the
Petition without prejudice. No answer or summary judgment has been filed, therefore;
the Petition is due to be dismissed without prejudice. Plaintiff is cautioned that while the
one year limitation to file a habeas petition is tolled during the state court proceedings,
the clock will resume running on his habeas petition once the state court proceedings are
final.
Accordingly, it is now
ORDERED:
Plaintiff Dafayon Charles's Motion to Voluntarily Dismiss Petition for Writ of Habeas
Corpus (Doc. #8) is GRANTED.

The Clerk of Court is directed to enter judgment

accordingly, terminate any pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 13th day of October, 2017.

Copies:
Dafayon Charles
All Counsel of Record
SA: FTMP-2

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