Thompson v. Warden, Warren Correctional Institution

Filing 56

DECISION AND ORDER GRANTING MOTION TO DISMISS- Accordingly it is hereby ORDERED pursuant to Fed.R.Civ.P. 41(a)(2), the above-captioned action is hereby dismissed with prejudice. The Clerk will enter judgment in favor of the Respondent and terminate this case on the Courts docket. Signed by Magistrate Judge Michael R. Merz on 2/5/2020. re 55 (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CRAIG A. THOMPSON,
Petitioner,

:

- vs -

Case No. 3:18-cv-117
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

CHAE HARRIS, Warden,
Warren Correctional Institution
:
Respondent.

DECISION AND ORDER GRANTING MOTION TO DISMISS

This habeas corpus case under 28 U.S.C. §2254 is before the Court on Petitioner’s Motion
to Dismiss (ECF No. 55). As a motion to dismiss voluntarily, it is within the decisional authority
of an assigned Magistrate Judge under 28 U.S.C. § 636(b).
Petitioner has not sought a dismissal without prejudice and has not obtained the consent of
Respondent to dismissal without prejudice. Even a dismissal without prejudice would ultimately
end the litigation because any refiling would be barred by the statute of limitations.
Accordingly it is hereby ORDERED pursuant to Fed.R.Civ.P. 41(a)(2), the abovecaptioned action is hereby dismissed with prejudice. The Clerk will enter judgment in favor of the
Respondent and terminate this case on the Court’s docket.

February 5, 2020.
s/ Michael R. Merz
United States Magistrate Judge

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