Graves v. Nebraska Department of Corrections

Filing 5

MEMORANDUM AND ORDER granting 4 the Petitioner's Notice of Voluntary Dismissal. This matter is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF NEBRASKA D A V ID A. GRAVES, Petitioner, v. N E B R A SK A DEPARTMENT OF C O R R E C T IO N S , Respondent. ) ) ) ) ) ) ) ) ) ) 4 :1 0 C V 3 0 5 6

M EM ORANDUM AND ORDER

T his matter is before the court on Petitioner's Verified Notice of Voluntary D ismissal, which the court liberally construes as a motion to voluntarily dismiss. (Filing No. 4.) In his Motion, Petitioner requests that the court dismiss his Petition for W rit of Habeas Corpus without prejudice because "he has not yet exhausted all state re me die s, and wants to do so before refiling these matters." (Id. at CM/ECF p. 2.) For good cause shown, the Motion is granted. IT IS THEREFORE ORDERED that: 1. P etitioner's Petitioner's Verified Notice of Voluntary Dismissal, construed

as a motion to voluntarily dismiss (filing no. 4), is granted. 2. T his matter is dismissed without prejudice. A separate judgment will be

entered in accordance with this Memorandum and Order. DATED this 27th day of April, 2010. B Y THE COURT: R ichard G. Kopf U nited States District Judge