Drummer v. Morales

Filing 16

ORDER granting 14 Motion to Dismiss and dismissing this case without prejudice. The Court directs the Clerk of Court to enter an appropriate Judgment of Dismissal and to close this case. Signed by Judge J. Randal Hall on 03/07/2017. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION RANDY DEMOND DRUMMER, Petitioner, CIVIL ACTION NO.: 6:16-cv-123 v. WARDEN JOSE MORALES, Respondent. ORDER Presently before the Court is Petitioner Randy Drummer's ("Drummer") Motion to Dismiss without Prejudice. (Doc. 14.) Pursuant to Federal Rule of Civil Procedure 41(a)(2), "an action may be dismissed at the [petitioner's] request only by court order, on terms thatthe court considers proper. Unless the order states otherwise, a dismissal under this paragraph ... is without prejudice." Rule 41 applies to Section 2254 proceedings. Clark v. Tansev. 13 F.3d 1407, 1413 (10th Cir. 1993); Kramer v. Butler. 845 F.2d 1291, 1294 (5th Cir. 1988); Lowry v. Crews, No. 3:12CV525/LC/CJK, 2013 WL 1092465, at *1 (N.D. Fla. Feb. 12,2013), report and recommendation adopted, No. 3:12CV525/LAC/CJK, 2013 WL 1092242 (ND.Fla.Mar. 15,2013). Accordingly, the Court GRANTS Drummer's Motion and DISMISSES this case WITHOUT PREJUDICE. The Court DIRECTS the Clerk of Court to enter an appropriate Judgment of Dismissal and to CLOSE this case. SO ORDERED, this day of March, 2017. HONORABLE J. RANDAL HALL UNITEDSTATES DISTRICT JUDGE IERN DISTRICT OF GEORGIA

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