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)

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