Smith v. Crowther

Filing 20

MEMORANDUM DECISION AND ORDER granting 19 Motion to Withdraw Petition for Writ of Habeas Corpus and DISMISSING CASE WITH PREJUDICE. Signed by Judge Dale A. Kimball on 1/17/2018. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
TRACY EUGENE SMITH,
Petitioner,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
SCOTT CROWTHER et al.,
Respondents.

Case No. 2:16-CV-1040-DAK
District Judge Dale A. Kimball

Petitioner, Tracy Eugene Smith, filed a habeas-corpus petition. He now moves for
dismissal.
Federal Rule of Civil Procedure 41(a)(2) allows the Court to dismiss a case "at the
[petitioner’s] request." The Court has carefully reviewed Petitioner’s motion and other materials
on the docket, including Respondents’ Motion to Dismiss. Petitioner appears to concede that his
petition is barred by the applicable period of limitation. See 28 U.S.C.S. § 2244(d) (2018).
Good cause appearing, IT IS HEREBY ORDERED that Petitioner’s motion to withdraw
his petition is GRANTED. (See Docket Entry # 19.) The action is DISMISSED WITH
PREJUDICE.
DATED this 17th day of January, 2018.
BY THE COURT:

JUDGE DALE A. KIMBALL
United States District Court