Walker v. Berry

Filing 17

ORDER granting 16 Motion to Dismiss. Case dismissed without prejudice. This case stands CLOSED. Signed by Chief Judge J. Randal Hall on 08/28/2017. (pts)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION CARLTON JERMAINE WALKER, Petitioner, CIVIL ACTION NO.: 6:16-cv-150 v. KEVIN SPRAYBERRY, Respondent. ORDER Presently before the Court is Petitioner Carlton Jermaine Walker's ("Walker") Motion to Voluntary Dismiss. (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 that the 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. Tansey, 13 F.3d 1407, 1413 (10th Cir. 1993); Kramer v. Butler, 845 F.2d 1291, 1294 (5th Cir. 1988); Lowrv 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.FlaMar. 15,2013). Accordingly, the Court GRANTS Walker'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 ^££lday ofAugust, 2017.^ .UINITED STATES DISTRICT COURT DISTRICT OF GEORGIA

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