Beckford v. Hardin et al

Filing 11

OPINION AND ORDER this case is dismissed without prejudice re: 5 Amended petition for writ of habeas corpus. The Clerk of Court shall terminate any pending motions and close this case. Signed by Judge Sheri Polster Chappell on 3/29/2018. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANDREENE ALETHEA BECKFORD,
Petitioner,
v.

Case No: 2:18-cv-117-FtM-38CM

DAVID HARDIN, MARC MOORE,
JIM MARTIN, MICHAEL MEADE,
MATTHEW T ALBENCE, THOMAS
HOMAN, KIRSTJEN M. NIELSEN
and JEFFERSON B. SESSIONS,
Respondents.
/
OPINION AND ORDER1
This matter comes before the Court on Petitioner's Notice of Voluntary Dismissal
(Doc. 10) filed on March 26, 2018. Petitioner, who has pending an Amended Petition for
Writ of Habeas Corpus (Doc. 5), seeks to voluntarily dismiss the above-captioned matter
due to The Department of Homeland Security releasing Petitioner from custody on or
about March 21, 2018.
In relevant part, Rule 41(a) (1), provides that a plaintiff may dismiss an action
without a court order “by filing a notice of dismissal before the opposing party serves an

1

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answer or a motion for summary judgment. . . .” Fed. R. Civ. P. 41(a) (1) (A) (i).2
Respondents have not yet filed a response to the Amended Petition for Writ of Habeas
Corpus. Case law holds that “notices of dismissal allowed for under Rule 41(a) (1) (A) (i)
are effective upon filing.” Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278
(11th Cir. 2012). Consequently, the Court acknowledges Petitioner’s Notice of Voluntary
Dismissal (Doc. 10) pursuant to Fed. R. Civ. P. 41(a) (1) (A) (i).
Accordingly, it is hereby ORDERED:
The Clerk of the Court shall dismiss this case without prejudice, terminate any
pending motions, and close this case.
DONE and ORDERED in Fort Myers, Florida this 29th day of March, 2018.

SA: FTMP-1
Copies: All Parties of Record

2

Habeas Corpus Rule 11 permits application of the Federal Rules of Civil Procedure to
habeas proceedings “to the extent that they are not inconsistent with any statutory
provisions or [the habeas] rules.” Rules Governing Section 2254 Cases in the United
States District Courts, R. 11.

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