Holbrook v Rapelje

Filing 44

ORDER 42 GRANTING PETITIONERS MOTION TO VOLUNTARILY DISMISSTHE PETITION FOR A WRIT OF HABEAS CORPUS AND DENYING ACERTIFICATE OF APPEALABILITY Signed by District Judge Bernard A. Friedman. (CMul)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES JUDSON HOLBROOK,
Petitioner,
CIVIL ACTION NO. 13-CV-13137
HON. BERNARD A. FRIEDMAN

v.
LLOYD RAPELJE,
Respondent.
____________________________________/

ORDER GRANTING PETITIONER’S MOTION TO VOLUNTARILY DISMISS
THE PETITION FOR A WRIT OF HABEAS CORPUS AND DENYING A
CERTIFICATE OF APPEALABILITY
Before the Court is petitioner’s motion to voluntarily dismiss his pending petition for a writ
of habeas corpus. In support of his motion, petitioner states that he has consulted with legal counsel
and believes that he has “a snowball’s chance in hell” of obtaining habeas relief from the Court.
Having reviewed the motion, the Court finds that petitioner should be allowed to voluntarily
withdraw his habeas petition and, therefore, the merits of the petition need not be addressed.
Furthermore, the Court declines to issue a certificate of appealability as reasonable jurists
could not debate the correctness of the its procedural ruling. See 28 U.S.C. § 2253(c); Fed. R. App.
P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Accordingly,

-1-

IT IS ORDERED that petitioner’s motion to voluntarily dismiss the petition for writ of
habeas corpus is granted without prejudice.

IT IS FURTHER ORDERED that a certificate of appealability is denied.

_S/Bernard A. Friedman__________
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE

September 17, 2014

-2-