Martinez v. United States of America

Filing 3

ORDER CONFIRMING VOLUNTARY DISMISSAL by District Judge Kea W. Riggs. The Court CONSTRUES Petitioner's #2 pro se Notice of Withdrawal as a notice of voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i). The Court SHALL USE the Notice, which is self-executing, to close this case. The #1 Petition SHALL NOT COUNT as Petitioner's first habeas action, for purposes of the restrictions on second/successive habeas claims. (ve)

Case 1:21-cv-00860-KWR-SCY Document 3 Filed 09/08/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

PATRICK JAMES MARTINEZ,
Petitioner,
v.

No. 1:21-cv-0860 KWR-SCY

UNITED STATES OF AMERICA,
Respondent.

ORDER CONFIRMING VOLUNTARY DISMISSAL
THIS MATTER comes before the Court on Petitioner’s pro se Notice of Withdrawal (Doc.
2). Petitioner wishes to withdraw his 28 U.S.C. § 2241 habeas petition, which appears to challenge
his federal assault conviction. The Court construes the filing as a notice of voluntary dismissal
under Fed. R. Civ. P. 41(a)(1)(A)(i). That rule gives petitioners an absolute right to dismiss an
action without prejudice “before the opposing party serves either an answer or a motion for
summary judgment.” Rule 41(a)(1)(A)(i). Respondent has not filed an answer. Therefore, the
Court used the Notice, which is self-executing, to close this case. Id. The petition (Doc. 1) will
not count as Petitioner’s “first” habeas action, for purposes of the restrictions on second/successive
habeas claims.
IT IS SO ORDERED.

_________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE