Henderson v. Salmonson

Filing 6

ORDER granting 5 Motion to Dismiss. Signed by Magistrate Judge Jeremiah C. Lynch on 4/25/2018. Mailed to Henderson (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JERRY HENDERSON,

Cause No. CV 18-24-BU-BMM-JCL

Petitioner,
vs.

ORDER

JAMES SALMONSON,
Respondent.

This case comes before the Court on Petitioner Jerry Henderson’s
application for writ of habeas corpus under 28 U.S.C. § 2254. Henderson is a state
prisoner proceeding pro se.
On April 2, 2018, Henderson joined a group of prisoners in filing an “en
masse” habeas petition. This Court subsequently issued an order to Petitioner
directing him to advise the Court if he did wish to proceed in this habeas matter
and, if so, requiring Petitioner to complete and file this Court’s standard § 2254
habeas form. (Doc. 1).
Henderson timely responded and advised the Court that he wished to
withdraw the pending petition so that he may preserve his rights under 28 U.S.C. §
2254. (Doc. 5). Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides
Henderson with an avenue for voluntary dismissal.
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Accordingly, IT IS HEREBY ORDERED:
1. Henderson’s Motion to Dismiss (Doc. 5) is GRANTED.
This matter is DISMISSED without prejudice pursuant to Fed. R. Civ. P.
41(a)(1)(B). Henderson may return to this Court if and when he has exhausted his
state remedies.
2. Henderson’s Motion for Leave to Proceed in Forma Pauperis (Doc. 3) is
DENIED as moot.
DATED this 25th day of April, 2018.

/s/ Jeremiah C. Lynch
Jeremiah C. Lynch
United States Magistrate Judge

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