Peters v. The State of Texas

Filing 11

MEMORANDUM ON DISMISSAL. Peter's letter Motions for Voluntary Dismissal (Dkt. 7 & 8 ) are GRANTED. This case is DISMISSED without prejudice. (Signed by Judge Vanessa D Gilmore) Parties notified. (wbostic, 4)

United States District Court
Southern District of Texas

ENTERED
February 16, 2017
David J. Bradley, Clerk

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
MICHAEL GEOFFREY PETERS,
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(TDCJ-CID #2019190)
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§
Petitioner,
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vs.
CIVIL ACTION NO. H-16-3706
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§
LORIE DAVIS,
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Respondent.
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§

MEMORANDUM ON DISMISSAL

On December 19,2016, Michael Geoffrey Peters filed amotion for injunction in the United
States District Court for the Northern District of Texas. On December 21, 2016, the Northern
District construed the pleading as a petition for a writ of habeas corpus under 28 U.S.C. § 2254 and
transferred it to this court. (Docket Entry No. 4). Peters argues that he never authorized the filing
of a federal petition and seeks to dismiss this action. (Docket Entry Nos. 7 & 8).
The petitioner may move for a voluntary dismissal under Fed. R. Civ. P. 41(a). Rule 12 of
the Rules Governing Section 2254 Cases in the United States District Courts provides that "[t]he
Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory
provisions or these rules, may be applied to a proceeding under these rules."

0 \RAO\VDG\2016\16-3706

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Peters's letter Motions for Voluntary Dismissal, (Docket Entry Nos. 7 & 8), are GRANTED.
This case is DISMISSED without prejudice.
SIGNED at Houston, Texas, on

Feb. lS

'2017.

VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE

O:\RAO\VOG\2016\16-3706.a0l.wpd

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