Whitt v. United States of America
ORDER DISMISSING CASE PETITION WITHOUT PREJUDICE AND DIRECTING CLERK TO CLOSE CASE. Signed by Judge J. Daniel Breen on 1/11/18. (mbm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
JAMES BRIAN WHITT,
UNITED STATES OF AMERICA,
ORDER DISMISSING PETITION WITHOUT PREJUDICE
DIRECTING CLERK TO CLOSE CASE
On June 30, 2016, Petitioner, James Brian Whitt, filed a motion to vacate, set aside, or
correct his sentence pursuant to 28 U.S.C. § 2255 (“Petition”) seeking relief under Johnson v.
United States, 135 S. Ct. 2551 (2015). (Case Number 16-cv-01191, Docket Entry (“D.E.”) 1.)
On January 10, 2018, Petitioner filed a notice of voluntary dismissal. (Id., D.E. 9.)
Under Rule 41(a), if the defendant has not filed an answer or motion for summary
judgment in response to the complaint, the plaintiff may dismiss the complaint, without prejudice
and without seeking a Court order, by filing a notice of dismissal. Fed. R. Civ. P. 41(a)(1)(A)(i).
Respondent, United States of America, has not responded to the Petition. Accordingly, the
Petition is DISMISSED without prejudice and the Clerk is DIRECTED to close the case.
IT IS SO ORDERED this 11th day of January 2018.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE
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?