Phillips v. Kirkegard et al
Filing
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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, )
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:
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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
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