Crooks v. State of Montana

Filing 9

ORDER granting 8 Motion to Dismiss. Signed by Judge Dana L. Christensen on 11/14/2017. Mailed to Crooks (TAG)

Download PDF
FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION NOV 14 2017 Cle11<, U.S Diltrict Cou District_Of Montana rt Missoula Cause No. CV 17-144-M-DLC-JCL GEORGE WILLIAM CROOKS, Petitioner, ORDER vs. STATE OF MONTANA, Respondent. This case comes before the Court on Petitioner George William Crooks' application for writ of habeas corpus under 28 U.S.C. ยง 2254. Crooks is a state prisoner proceeding pro se. On October 10, 2017, Magistrate Judge Jeremiah C. Lynch recommended Crooks' petition be dismissed for failure to exhaust state court remedies. (Doc. 6.) Crooks filed a timely objection. (Doc. 7.) Crooks has now filed a motion to dismiss his pending petition. (Doc. 8.) It appears that Crooks may be seeking to attempt to exhaust his state remedies before proceeding further with a federal habeas action. Federal Rule of Civil Procedure 41(a)(l)(A)(i) provides Crooks with an avenue for voluntary dismissal. Accordingly, Crooks' Motion to Withdraw his petition (Doc. 8) is GRANTED. This matter is DISMISSED without prejudice pursuant to Fed. R. 1 Civ. P. 41(a)(l)(B). DATED this f4 Haay of November, Dana L. Christensen, Chief Judge United States District Court 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?