Summers v. Williams
ORDER DISMISSING CASE. This case is DISMISSED without prejudice pursuant to Rule 41(a)(1)(A)(i). Summers need not file any response to the Motion to Dismiss as directed in the Order at Doc. 12. Respondent's Motion to Dismiss (Doc. 11 ) and any other pending motions are DENIED AS MOOT. The Clerk of Court is DIRECTED to close this case. Signed by Judge Stephen P. McGlynn on 10/14/2020. (beb)
Case 3:20-cv-00468-SPM Document 14 Filed 10/14/20 Page 1 of 2 Page ID #40
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JASON P. SUMMERS, # 28055-045,
Case No. 20-cv-468-SPM
MEMORANDUM and ORDER
McGLYNN, District Judge:
Petitioner Jason P. Summers, a federal inmate at the FCI-Greenville, filed a Petition for
Writ of Habeas Corpus under 28 U.S.C. § 2241, seeking relief under United States v. Davis, __
U.S. __, 139 S. Ct. 2319. (Doc. 1). On September 10, 2020, the Court granted the Federal Public
Defender’s Motion to Withdraw and advised Summers that he may file a notice of dismissal
without prejudice on or before October 13, 2020. (Doc. 9). Summers submitted his Notice of
Dismissal on October 13, 2020; it was received and docketed by the Clerk on October 14, 2020.
(Doc. 13, p. 1). Also on October 14, 2020, Respondent electronically filed a Motion to Dismiss
Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that a plaintiff/petitioner may
voluntarily dismiss his case by filing “a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment[.]” Such a notice “effect[s] the immediate dismissal
of the suit.” Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011). Under the prison mailbox
rule, Summers’ Notice is deemed to be filed as of the date it was placed in the prison mail system,
thus it preceded the Respondent’s Motion to Dismiss and effected Summers’ voluntary dismissal.
Case 3:20-cv-00468-SPM Document 14 Filed 10/14/20 Page 2 of 2 Page ID #41
See Houston v. Lack, 487 U.S. 266 (1988) (mailbox rule); Jones v. Bertrand, 171 F.3d 499, 502
(7th Cir. 1999) (same).
Accordingly, this case is DISMISSED without prejudice pursuant to Rule 41(a)(1)(A)(i).
Summers need not file any response to the Motion to Dismiss as directed in the Order at Doc. 12.
Respondent’s Motion to Dismiss (Doc. 11) and any other pending motions are DENIED AS
MOOT. The Clerk of Court is DIRECTED to close this case.
IT IS SO ORDERED.
DATED: October 14, 2020
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
United States District Judge
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