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)

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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, § (TDCJ-CID #2019190) § § Petitioner, § vs. CIVIL ACTION NO. H-16-3706 § § LORIE DAVIS, § Respondent. § § 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 ;~OI."pd 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 2

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