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)

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. § 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