Radcliffe v. Ward

Filing 11

ORDER AND OPINION granting 10 Motion to Dismiss, and the petition for habeas corpus is DISMISSED WITHOUT PREJUDICE. Signed by Judge Thomas W. Thrash, Jr on 8/3/08. (dr)

FILED IN CHAMBERS THOMAS W. THRASH JI U. S . D. C. A tl a nta

3 20
IN THE UNITED STATES DISTRICT COUR*ME5 N. HATr E N , Clerk Deputy FOR THE NORTHERN DISTRICT OF GEO RLI A ATLANTA DIVISION

WILLIAM SYLVESTER RADCLIFFE, Inmate # 1146945, Petitioner,

PRISONER HABEAS CORPUS 28 U.S.C. § 2254 CIVIL ACTION NO . 1 :07-CV-1731-TWT

V.
TIMOTHY WARD, Warden, Respondent .

ORDER AND OPINION
Petitioner, William Sylvester Radcliffe, an inmate at the Rogers State Prison in Reidsville, Georgia, seeks via 28 U .S .C . § 2254 to challenge the constitutionality

of his October 31, 2005, convictions in the Douglas County Superior Court for possession with the intent to distribute cocaine, selling cocaine, and using a cell phone to facilitate the sale of cocaine . Presently before the Court for consideration is a letter which the Clerk has construed as a motion to voluntarily withdraw the petition without prejudice [Doc . 10] filed by Petitioner . In his motion, Petitioner seeks to dismiss his habeas corpus petition so that he may present his claims in a
state habeas corpus petition . Accordingly, Petitioner's motion to dismiss [Doc . 10 ]

AO 72A (Rev . Bl82)

is hereby GRANTED and Petitioner's petition for habeas corpus is hereby

DISMISSED W ITHOUT PREJUDICE.

IT IS SO ORD ERED , this J

d ay

of

,

2008 .

THOMAS W . THRASH, JR. UNITED STATES DISTRICT JUDGE

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AO 72A (Rev . 8182)