Phillips v. Kirkegard et al

Filing 4

ORDER. The Clerk shall docket Phillips's letter as a notice of voluntary dismissal under Fed. R. Civ. P. 41(a) and shall close the case. Signed by Magistrate Judge Carolyn S Ostby on 8/18/2014. Mailed to Phillips. (TAG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MICHAEL PHILLIPS, Cause No. CV 14-102-BLG-SPW-CSO Petitioner, vs. ORDER LEROY KIRKEGARD; ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents. This case comes before the Court on Petitioner Michael Phillips’ application for writ of habeas corpus. Phillips is a state prisoner proceeding pro se. On August 15, 2014, Phillips submitted a letter to the Clerk “requesting that no action be taken and the motions I recently mailed to you be disposed of.” Letter at 1 (emphasis in original). He continues, asking that the Court “Disregard [his] Motions and throw them Away.” Id. In substance, the letter is a notice of voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i). Dismissal is without prejudice. Fed. R. Civ. P. 41(a)(1)(B). Based on the foregoing, the Court enters the following: 1 ORDER The Clerk shall docket Phillips’s letter as a notice of voluntary dismissal under Fed. R. Civ. P. 41(a) and shall close the case. DATED this 18th day of August, 2014. /s/ Carolyn S. Ostby United States Magistrate Judge 2

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