Lawrence v. Kirkegard

Filing 10

ORDER granting 9 Motion to Dismiss. This matter is DISMISSED without prejudice. Motion to Proceed in Forma Pauperis 2 is DENIED as moot. Signed by Magistrate Judge Jeremiah C. Lynch on 12/21/2016. Mailed to Lawrence. (TAG)

FILED
DEC 21 2016
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
JOSEPH E. LAWRENCE,

Clerk, U.S. District Court·
District of Montana
Missoula

Cause No. CV 16-134-M-DLC-JCL

Petitioner,
vs.

ORDER

LEROY KIRKEGARD, ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.

This case comes before the Court on Petitioner Joseph E. Lawrence's
application for writ of habeas corpus under 28 U.S.C. § 2254. Lawrence is a state
prisoner proceeding pro se.
On November 11, 2016, Lawrence was granted an extension of time to file
an amended habeas petition. (Doc. 8). Since that time, Lawrence has apparently
remained incarcerated in the Ravalli County Detention Facility awaiting further
proceedings in case DC 12-127 upon remand from the Montana Supreme Court.
(Doc. 9 at 1). Lawrence currently does not have access to all of his legal materials
which are being held with his property at the Montana State Prison. Id. at 2.
Lawrence has filed a motion to withdraw his petition for a writ of habeas
corpus. (Doc. 8). Lawrence seeks dismissal without prejudice. Federal Rule of
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Civil Procedure 41(a)(l)(A)(i) provides Lawrence with an avenue for voluntary
dismissal.
Accordingly, Lawrence's Motion to Withdraw his petition (doc. 9) is
GRANTED. This matter is DISMISSED without prejudice pursuant to Fed. R.
Civ. P. 41(a)(l)(B). Lawrence's Motion to Proceed in Forma Pauperis (doc. 2) is
DENIED as moot.
DATED this 21st day of December, 2016.

e miah C. Lynch
nited States Magistrate Judge

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