Anderson v. Houston

Full title: DAVID J. ANDERSON, Petitioner, v. ROBERT HOUSTON, Respondent

Court: United States District Court, D. Nebraska

Date published: Dec 5, 2005

4:05cv3199 (D. Neb. Dec. 5, 2005)

Opinion

4:05cv3199.

December 5, 2005

MEMORANDUM AND ORDER

LAURIE CAMP, District Judge

Before the court is filing no. 17, the Motion to Dismiss, in which the petitioner, David J. Anderson, with the advice of counsel, requests that the court dismiss the above-entitled habeas corpus case without prejudice. The court will grant the requested voluntary dismissal without prejudice. However, the petitioner is reminded that his ability to return to this court in the future may be circumscribed by 28 U.S.C. § 2244(d), the statute of limitations for habeas corpus actions brought pursuant to 28 U.S.C. § 2254.

THEREFORE, IT IS ORDERED:

1. That filing no. 17, the petitioner's motion for voluntary dismissal, without prejudice, is granted;

2. That all other pending motions are denied as moot; and

3. That a separate judgment will be filed accordingly.