Robinson v. Campbell

Filing 17

OPINION and ORDER Granting Petitioner's Request for Voluntary Dismissal. Signed by District Judge Sean F. Cox. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHRISTOPHER ROBINSON,
Case Number: 2:15-CV-13934

Petitioner,

HONORABLE SEAN F. COX
UNITED STATES DISTRICT
JUDGE

v.
SHERMAN CAMPBELL,
Respondent.
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OPINION AND ORDER GRANTING PETITIONER’S
REQUEST FOR VOLUNTARY DISMISSAL
Michigan state prisoner Christopher Robinson filed a pro se petition
for writ of habeas corpus under 28 U.S.C. § 2254. Now before the Court is
Petitioner’s Motion to Dismiss Petition for Writ of Habeas Corpus.
Respondent has not opposed the motion.
Federal Rule of Civil Procedure 41(a)(2) provides:
Except as provided in Rule 41(a)(1), an action may be
dismissed at the plaintiff’s request only by court order, on terms
that the court considers proper. If a defendant has pleaded a
counterclaim before being served with the plaintiff's motion to
dismiss, the action may be dismissed over the defendant's
objection only if the counterclaim can remain pending for
independent adjudication. Unless the order states otherwise, a
dismissal under this paragraph (2) is without prejudice.
Fed. R. Civ. P. 41(a)(2). “Whether dismissal should be granted under the
authority of Rule 41(a)(2) is within the sound discretion of the district court.”

Grover by Grover v. Eli Lilly & Co., 33 F.3d 716, 718 (6th Cir. 1994). Rule
41(a)(2) is designed “to protect the nonmovant from unfair treatment.” Id.
Because Respondent does not oppose Petitioner’s motion for
voluntary dismissal and Respondent would suffer no unfair treatment from
dismissal of this action, the Court will grant the motion and dismiss the
case without prejudice.
Additionally, the Court denies a certificate of appealability as reasonable
jurists could not debate the correctness of the Court’s 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). This case is closed.
The Court GRANTS Petitioner’s Motion to Dismiss Petition for Writ of
Habeas Corpus (ECF No. 16) and the matter is DISMISSED WITHOUT
PREJUDICE. The remaining motions pending on the Court’s docket (ECF
Nos. 3, 8, 10, 11, 13, 15, and 16) are DENIED AS MOOT.
SO ORDERED.
s/Sean F. Cox
Sean F. Cox
United States District Judge

Dated: September 2, 2016

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I hereby certify that a copy of the foregoing document was served upon
counsel of record on September 2, 2016, by electronic and/or ordinary
mail.
S/Shawna C. Burns
Case Manager Generalist

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